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OUTLINE— ANALYSIS 



OF) 



IN THE 



UNITED STATES 



BYB. W. PIERCE, B.S., 

PRESIDENT OF GREEN CITY COLLEGE 

' COPYRIGHTED, 1887, BY B. W. PIERCE. 



PRICE THIRTY-FIVE CENTS 



MILAN REPUBLICAN BOOK AND JOB PRINT, 

MILAN, MISSOURI. 



Jul 13 \Z^iy 



\ 






4 



^^ 



COPYEIGHTED, 1887 

— :by: — 

B. W. PIEKCE, GKEEN CITY, MISSOUEL 



> 
^ 






TO THE P^IEI^Dg OP PUBLK EDUgftTIOI]. 



Ours is a day of progress. Xo century in all the history of the past, has witnessed stich 
marvelous achievements of human thought and skill, as the one in which we live. But in 
order to appreciate our opportunities, it is necessary to go back to the days of our fathers, 
and observe the disadvantages under which they laboredy What could induce our Youth to 
separate by hand, the coma from the cotton seed, when Whitney's Cotton-gin is already 
harnessed and at their service ? ! Or, what could induce them to make a six-month's journey 
across the Deep on a sail vessel piloted by a man without compass or chart, when fine ocean 
steamers are waiting to carry them safely over, in one-tenth that time ? ! What could in- 
duce one to travel for six months over hills, valleys and mountains, in an old wagon, when, 
by boarding the fast line, he may reach his distant home in the West, in less than six days? ! 
What could induce us now to wait for months, with anxiety, for news from the orient, when 
the same can be flashed at lightning speed on the cable and telegraph wires ? ! Then think 
of persuading the farmer to lay aside the Reapers and Mowers and take up the Sickle and 
Scythe! ! To argue in favor of such a course, would be as futile as to urge a man to livecontent- 
ed upon this earth with Heaven and all its enjoyments open to his view. How can the Youth 
content themselves with buying a large book and paying a large price for it and spend- 
ing a GREAT DEAL of time to gain a fair knowledge of Civil Government, when the same re- 
sult can be reached by buying a small book and paying the small price of thirty-*-ive cents , 
THUS SAYING WEEKS of Valuable time. ADDRESS, 



13. ^W. FIERCE, 

Grreen City, M.o. 



Eespectfully submitted to the faithful, earnest co-labor- 
ers IN THE CAUSE OF EDUCATION. 



mmm 



OUTLINE OF CIVIL GOVERNMENT 
IN THE UNITED STATES. 



PART I. 



CHAPTEK I. 

I.— CIVIL SOCIETY A r^ECESSITY. 

I. — Man is a social being; i. e., lie is by nature disposed and by 
circumstances impelled to associate with his kind. He is capable of 
receiving and imparting useful knov»dedge. He yearns to know and 
to make known. This yearning, being a part of his nature, must be 
satisfied in order to his highest enjoyment. But society alone can 
satisfy that longing. Therefore society is a necessity for the intel- 
lectual w^ell-being of man. 

II. — But man needs protection against robbers, murderers, and the 
evil-inclined; also assistance in procuring the necessities of life. 
But this protection and assistance can be had only from persons of 
kindred minds. Therefore society is a necessity for the physical 
well-being of man. 

III. — But man is by nature a religious being; i. e., he will worship 
something. In proof of this we state a plain historical fact viz: All 
nations, kindreds, tribes and tongues do worship. They derive great 
enjoyment from such worship. These enjoyments are heightened by 



tlie ties of common experiences, common interests, common hopes 
and a common destiny. But since these higher enjoyments spring 
largely from mutual relations of kindred minds, it follows, that so- 
ciety is a necessity for the spiritual well-being of man. Society, 

THEN, IS A NECESSITY FOR THE FULL DEVELOPMENT OF MAN INTELLEC- 
TUALLY, PHYSICALLY, AND SPIRITUALLY. 



CHAPTEE II. 



II.-RIGHTS OF MEMBERS. 

I. — Basis and Nature of. — The object of society is the highest 
possible degree of the well-being of its members; hence for society 
to exist, it must provide for the well-being of each member. Now 
all members have the same wants in their natures (see chap. 1) and 
are equally bound to support society; hence the rights of society 
should be common to all members. Society, however, does not guar- 
antee to its members equality of "physical constitutions" and there- 
fore not equality of "physical enjoyments." Nor does it guarantee 
equal "mental abilities," and therefore not equality of political or in- 
tellectual honors. Neither does it guarantee equality of "moral na- 
tures" and hence not equality of spiritual enjoyments. Society can 
do none of these things for its members. Neither can it guarantee 
to the lawless, the protection of law. It grants the right to be equal 
before the law and elsewhere, but cannot make members equal. 
II. — How determined. — Society must fix a standard. .By that 
standard each member may determine where his rights begin and 
end. This standard is called law. Law is a rule of human action 
commanding the right and prohibiting the wrong. 
III.— Outline of Rights. 
I. — Political; these are, 

1, — Right of all to establish a government. 

2. — Right of each to share in it by voting; also by holding office. 
II.— Civil; these are, 

1.- -Absolute; or the right of 

( a. ) Personal Security of Life : hence laws relating to mur- 
der, to security of travelers, to fire escapes from halls, to prevention 



of contagious diseases, to hospitals, to asylums, etc. 

( b. ) Personal Secui'ity of Eeputation; hence laws against 
slander, libel and malicious utterance, etc. 
( c. ) Personal Liberty; or of 

1. — Freedom to go where one pleases: 
2. — Freedom fiom unlawful aiTfst: 
3. — Freedom of speech, of the press, and of worship. 
I d. I Private Property; or 

1. — To acquire, possess, defend and dispose of one"s prop- 
erty: henc^ laws relating to contracts, bonds, notes, mortgages, arson, 
theft, etc. 

2. — Tobefi'ee fi-om unreasonable searches, seizui'es. etc. 
2. — Eelatitz; these are 
(a. ) Public: i. e., 

1. — Eight of people to protection by the government 
2. — Eight of government to obedience of the people. 
( b. ) Private; i. e., those arising fi-om the relations of 
1. — Husband and wife; 
2. — Parent and child: 
3. — Guardian and ward; 
4. — Employer and employed. 



CHAPTEE III. 

III. -GOVERNMENT A NECESSITY. 

I. — Proofs; 

I. — Society- is a necessity of our well-being. Law is a necessity 
in defining our riglits as members. But without government, law 
could not exist. Therefore government is a necessity. 
11. — No society ever did exist without government. Even high- 
way robbei*s attest its necessity, by punishing with death, traitors to 
theii* iniquitous schemes. • 

II. — Eight to goveex.— This grows out of our relations to the 
Creator, our parents, and society; hence we have 

I. — Divide goveenaiext. — The right of the Creator to govern 
grows out of the following facts : 



1. — God created roan to govern liirn. 
2. — He provides for man's welfare. 

3. — ^He is perfectly qualified to govern. "He knows our frame" 
and is "a discerner of tlie tlioughts and intejits of the heart." Know- 
ing man, his real w^ants, and especially the object of his being, the 
Creator is perfectly qualified to govern man. 

II. — Family government. The right of parents to govern their 
offspring is based upon, 

1. — The close relationship between parents and children; 
2. —The guardian care of parents for their offspring; 
3. — Their superior wisdom. 
III. — Political government. The right of society to govern 
their members is based upon, 

1. — The expressed will of the people, the true source of legitimate 
government; 

2.^-The will of the conqueror, the rule of might. In a certain 
sense such governments are right; i. e., they are preferable to anarchy. 
III. — Forms of Government. 
1. — Patriarchal. 

1. — From pater, father and arkos, chief or head: hence a gov- 
ernment by the heads of families or the chiefs of tribes. 

2. — Eight to govern. The ruler derives his right to govern 
from the natural rela^tions he sustains to the governed; as father, 
protector, etc. 

3. — Antiquity. This form of government is oldest. It lasted 
several centuries after The Deluge. 

4 — ContRx\st. — It differs from the Monarchal in this particular, 
viz.^ the Patriarch's right to rale is not arbitrary but natural. 
II. — Monarchal or Despotic. 

1. — From MONOS, . sole or only, and arkos a chief; hence a 
"single ruler," meaning originally, a despot or tyrant. 

2. — Origin. — Most generally, if not invariably, by the conquest 
of various tribes or nations, by some powerful ruler who makes his 
will the law of the empire. 

3. — Examples.— Babyloniaii under Nimrod; Persian under 
Cyrus ; Grecian under Alexander ; Eoman under Caesar. 
4— Kinds as to Power: 

( a. } Absolute; i. e., one in which the v/ill of the monarch is 
the sole law. Ex. Russia and China. 



(b. ) Limited ; i. e., one in which the monarch's power is lim- 
ited by a constitution: hence called a Constitutional Monarchy. Ex. 
— England. 

5. — Kinds as to Title. 

(a.) Hereditary; i. e., one in which the ruler inherits the 
throne. Ex. — England. 

(b. ) Elective; i. e., one in which the ruler is elected to 
the throne for life. But few such governments have existed. 
III.— Theocratic, 

1. — From THEOS, God and kratos, power or government: hence a 
form of government under the immediate direction of God. Ex. — 
Jewish. 
IV. — Aristocratic, 

1. — From ARISTOS, best or jmncipal, and kratos government: hence 
government by the best or nobles. This form is generally combined 
with others. 
V. — Democratic, 

1. — »From demos, people, and kratos, government: hence govern- 
ment by the people. 

2.— Kinds as to Methods. 

( a. ) Pure Democracy; i. e., one in which the Avhole body of 
people meet to make laws. 

(b. ) Kepresentative Democracy; i. e., one in which the 
people adopt their own constitution; also rule through representatives 
whom they elect. This form is also called a Eepublic. 



CHAPTEK IV. i 

I 

IV.-ORIGIN OF OUR LAND TITLES. 

I. — Europeans based their claims to the New World upon the 
Bight of Discovery. Occasionally, a nation would base its claims to j 
territory, upon original exploration and colonization; as, France to \ 
the Mississippi Valley. The Indians, however, had enjoyed undis- 
turbed possession for centuries previous to the discovery by the 
Cabots. Judge then, of the Eed man's surprise, when he first learned 
that Europeans claimed America by Right of Discovery ! 
II. — The United States rests her claims upon conquest, treaties, 



purchases, exploration and original occupation. These claims to 
possession are plainly traceable to that strangest of all rights, viz: 
the Right of Discovery — a right which none but usurpers ever could 
understand. 

III. — However, civilized nations have acquiesced in her claims; time 
has left her in undisturbed possession ; and the Indians are too feeble 
to mainta^in their just title: hence her claims will, very probably re- 
main undisturbed forever. 



CHAPTEE Y. 



V.-ORIGIFJ OF OUR REPUBLIC. 

I. — Colonial Goveknments. 

I.— Pkovincl/il; as, N. H., N. Y., Ya., N. C, S. C, Ga. and N. J. 
1. — The English Sovereign was law-giver. Royal governor's 
were the king's deputies. The councils appointed by the king, assist- 
ed in executing the sovereign will. That will, and the manner of en- 
forcing it, was made known from time to time to the governors. But 
the king's will was subject to influeiice: hence we read of the 
2. — Peqvincial Assembly. — This was composed of 

( a. ) The Eepresentatives, (Lower House ) elected by free- 
holders and planters. This body discussed the affairs of the colony, 
declared their rights and drafted laws embodying those rights, 

(b. ) The Council. — ( Upper House ) This body ratified cr 
rejected the laws passed by the Lower House; also originated such 
laws as they deemed proper. 

(c. ) The Governor.— Before laws became binding, they 
were ratified by the governor and king. The governor possessed ab- 
solute veto power on proceedings of both houses ; also the power to 
prorogue and dissolve them. The Provincial Assembly was the local 
lavf-making body subject to the will of the crown. 
II. — Proprietary; as, Mdr, Penn. and Del. 
The proprietor derived his right to the soil and the general pow- 
ers of governments, from the king. Under these governments, the 
proprietary appointed the governors, and convened and organized the 
legislatures according to his will; also appointed officers of every 
grade. 



Ill— Charter Governments; as, Mass., E. I. and Conn. 

The charters or grants of the crown, conferred the soil within lim- 
its defined, and all the powders of government on the grantees and 
their associates and successors. They defined clearly the method of 
election, the qualifications and powers of the legislative, judicial and 
executive branches of government. In Conn, and R. I., the people 
elected their own governors and legislators. 

CHAPTER YI. 

JV.-BRITISH AND COLONIAL RIGHTS. 

I. — Powers Denied to the Colonies. — The colonies were depend- 
encies on the British Crown; and hence, were forbidden to form any 
alliance or to make any treaties whatever. 

II. — Powers Claimed by the Colonies. — England had granted to 
all the colonies, the right to elect representatives and permitted these 
to discuss^the affairs of the colonies, declare their rights and draft 
laws. In some, the people elected the governor and the council. By 
permitting them to exercise these rights, England taught the colonies 
to say: "Our constitution;" "our representative houses;" "our leg- 
islative powers;" "our charters;" "our most valuable laws;" "our 
laws for establishing judiciary powers;" "our own legislatures;" "the 
powers of pur governments, etc." Dec. of Ind. 

III. — PoAVERS Claimed by England. — The British Parliament, re- 
gardless of former sanctions, declared that the king, with the advice 
and consent of Parliament, had, hath, and of right ought to have, full 
power and authority to legislate for the colonies in all cases w^hat-, 
soever. But the colonies could not understand that right. 

CHAPTER VII. 

VII.— TRAINING FOR THE REVOLUTION. 

I. — England as Teacher.— England taught the colonists two very 
important lessons : 

I. — The colonists had rights, [see chap. vi. ] 
II. — The colonists could defend those rights. 
11. — Methods of Teaching. 



JO . 

I. — For one hundred and fifty years she admitted the colonists had 
some rights, since she permitted them to discuss the affairs of the 
colonies, declare their rights and even to make laws embodying those 
rights. 

II. — On account of unfriendly relations growing out of their differ- 
ences as to laws, institutions and religion, England and France were 
almost incessantly warring with each other. But the political and 
religious interests of their American colonies depended upon the re- 
sult: hence the Inter-Colonial Wars. Of these we mention four: 
1.— King William's Wae, 1689-1697. 
(a.) Causes: 

1. — James II., by unduly favoring the Catholics, was driven 

by Protestants from his throne and the crown settled upon William. 

2. — James took refuge at the court of France and formed, an 

alliance with Louis XI Y., against William. This alliance grew out 

of their oneness of religious and political views. 

3. — In America, colonial liberties depended upon the result, 
(b. ) Result: William remained king, and colonial boundaries 
unchanged. 

2. — War of the Spanish Succession— Queen Anne's War, 
1702-1713. 

( a. ) Causes : ♦ 

1. — Eival claims of Louis XI Y., of France and Leopold I., 
of Austria, to the throne of Spain. 

2. — The prospective union of the crowns of France and Spain, 
threatened the independence of every other European nation. This 
latter was the general cause of war. To prevent this union, England, 
Holland, Prussia and the Elector Palatine formed the "Grand Alli- 
ance" against France. England had special reasons for going to war. 
(a.) Anne's right to the Ei'glish throne was denied by 
Louis XIY. 

( b. ) It was a fine opportunity to gain colonial territory. 
( b. ) Eesuit:— The treaty of Utrecht April 11, 171S, gave Labra- 
dor, Hudson Bay and Nova Scotia, to England; and to Philip, Louis' 
choice, the throne of Spain. 

3.— King George's War — Austrian Succession, 1740-1748. 

(a.) Causes: 

1.— On the death (Oct 20, 1740) of Charles YL, of Germany, 
bv which the male line of the imperial house of Austria became ex- 



11_ 

tinct, Maria Theresa claimed her father's possessions, by virtue of a 
decree made by him, confirmed by the diet of the empire, and ratified 
by England, France and nearly all the European powers. 

2. — But Louis XY., of France, setting aside Maria Theresa's 
claims to the Austrian states, conferred them on the Elector of 
Bavaria, whom England regarded as an enemy. England supported 
the Austrian Princess: hence France and England and their Ameri- 
can colonies were once more engaged in war. 

(b. ) Result: Maria Theresa's claim was confirmed and a mu- 
tual restoration of conquests in America made by the treaty Aix-la- 
Chapelle. But we pass to notice the most important war; ever fought 
upon American soil, viz. : 

4.— The French and Indian War, oe the War of Colonial 
Supremacy 1754-1763. 
(a.) Causes: 

1. — Conflicting territorial claims. 

1. — A conflict between the frontiersmen of the two nations 
in the Ohio Yalley. 

3. — The long-standigig national animosity between France 
and England. 

(b. ) Result: English Supremacy in America. This means 
more than many readers seem to perceive. 

1. — It gave to the United States, the English Language. 

2. — It forever settled the question whether Catholicism or 
Protestantism should be the prevailing religion in the L^nited States. 

3. — It virtually settled the question of American Independ- 
ence by training our forefathers for the Revolution. 

CHAPTER YIII. 

VIII-THE REVOLUTION, APRIL 19, 1775-SEPT. 3,il783. 

L— Causes: 

I. — In 1620, the Mayflower brought to America the first germ of 
our religious liberty. In 1634, St. Mary's, the oldest colony of Mary- 
land, was founded by the Calverts as a refuge for the distressed and 
persecuted Catholics. Two years later, Roger Williams founded 
Rhode Island to be a home of all religious sects. In 1682, William 
Penn founded the Quaker colony for his persecuted brethren. Our 



J2 ; 

forefathers learned to appreciate religious liberty througli the fires 
of persecution. They left their native country and came to the wilds of 
America in pursuit of that liberty. Being oppressed by England 
and their own brethren, they learned the lesson of toleration and be- 
came willing to die for eeligious fkeedom. 

II. — In addition to this, England had for one hundred and fifty 
years granted that the colonists had political eights, (see chap- 
vi. ) They had exercised those rights in regulating their domestic 
and internal affairs. Thus the right to liberty, civil and religious, 
was indelibly written in their natures. They had enjoyed it; it was 
a priceless boon, without which life would have been a burden. 

11. — But the War of the Colonial Supremacy was at hand and the 
necessity of union clearly seen: hence Benjamin Eranklin, July 10, 
1754, submitted to the Albany Colonial Convention a "Plan of Per- 
petual Union," which was adopted by the convention, and submitted 
to the general assemblies of the colonies and the British Board of 
Trade for approval. 

1. — The chief executive was to be appointed and supported by 
the Crov/n. He could appoint all military ofiicers and veto all ob- 
jectionable laws. 

2. — The legislative body was to consist of delegates chosen tri- 
ennially by the general assemblies. This body was to appoint civil 
officers, levy taxes, regulate commerce, etc. It was to convene annu- 
ally, choose its own officers, and remain in session not longer than 
six weeks, except by the consent of its members or by the command 
of the Crown. 

3. — The colonies considered this plan too despotic. It lodged 
with the Governor General, absolute veto power. England considered 
it an attempt to usurp the right of self-government. This rejection 
sets forth the two very different principles which animated England 
and her American colonies, viz : the s|)irit of oppeession and that of 
LIBEETY. We give as the Causes of the Bevolution: 

1. — The Love of Libeety indelibly weitten in the heaets 
OF the colonists. "Give me Liberty or give m>^ Death." — Patrick 
Henry. 

2. — The Eight of Aebiteaey Goveenment claimed by Geeat 

Beitain ovee the Colonies. Of the subordinate causes we mention : 

{ a. ) The political and religious views of the colonies and 



13 

the mother country differed widely. The colonists were republicans 
in politics and dissenters in religion; but the people of England were 
monarchists and high churchmen. 

(b. ) Unjust legislation in England and despotic rule of 
British officials in America, taught the colonists to be jealous of 
arbitrary power. 

( c. ) France, constantly, exei-ted her influence so as to incite, 
in the colonists, a spirit of i^sistance. 

(d. ) England's attempt to lighten her debt by raising a 
revenue in America. Under this head we notice: 

1.— The Importation Act of 1733; and the attempts, in 
1761 and 1763, to enforce it. 

2. — The Stamp Act of 1765. 

3. — The act of 1767, imposing a tax on tea, paints, glass 
and paper. The colonists denied that England had a right to tax 
them. 

4. — The act of 1772, requiring the governors and judges 
of Massachusetts to. be paid out of the revenues, without the consent 
of the assembly. 

(e.) The act of 1769, declaring the people of Massachusetts 
rebels, and directing the governor to arrest those guilty of treason 
and send to England for trial. 
II. — Bond of Union. — A sense of common danger. 
III. Important Political Events: 

1.— First Continental Congress, Oct. 14, 1774, published to 
the world the Bill of Eights. 

2.— Second Continental Congress passed the Declaration of 
Independence, July 4, 1776. 

3. — The Federalization. — The Articles of Confederation were 
adopted by Congress Nov. 15, 1777, and ratified March 1, 1781. On 
the following day the Congress assembled under the Confederation. 
lY. -The Treaty of Peace, Sept. 3, 1783. 

The Provisional Articles of Peace, 

Concluded Nov. 30, 1782, 

And the Definite Treaty of Peace, 

Concluded Sept. 3, 1783, 

Between the United States of America 

And George III., King of Great Britain and Ireland, 



u 

Declares : 

His Britannic Majesty Acknowledges the said United States, 

Yiz. : New Hampshire, Massachusetts Bay, Ehode 

Island and Providence Plantations, Connecticut, 

New York, New Jersey, Pennsylvania, 

Deleware, Maryland, Virginia, 

North Carolina, South 

Carolina and Georgia, 

To be Free and Sovereign and Independent States. 

The above is the inscription on the east side of the Monument at 
Yorktown, as given by Trainer's "How To Teach United States 
History." The colonies had now become sovereign States, claiming 
to be united by the Articles of Confederation. 

CHAPTEE IX. 

IX.-THE FEDERAL GOVERNMENT A FAILURE. 

I. — It is a remarkable fact that the Articles of Confederation con- 
tradicted the doctrine set forth in the Declaration of Independence, 
viz. : that "Governments derive their just powers from the consent of 
the governed." The Federal Government derived its shadow of 
authority from States which declared themselves to be sovereign and 
independent. A sense of common danger bound the Colonies togeth- 
er for eight years; but State Sovereignty and the Articles of Con- 
federation could hold them together scarcely five years. 

II. — In 1785, at his home in Mount Yernon, Washington, in a con- 
ference with a company of statesmen, advised the calling of a conven- 
tion, to meet at Annapolis the following year, to remodel the Articles 
of Confederation. This convention met Sept., 1786. Only five 
States were represented. This body urgently requested the several 
States to send representatives to a convention to be held the following 
year at Philadelphia, 



15 



PART II, 



CHAPTEE X. 



X.-NATIONALIZATION. 

I. —History of the Constitution. 

1.— When framed? May-Sept 17, 1787. 

2. — Where framed? Philadelphia. 

3. — By whom written ? Mr. Gouverneur Morris, of Pennsylvania. 

4. — By whom adopted? Delegates from all the States save 
Bhode Island. 

5.— When adopted? Sept. 17, 1787, 

6. — How submitted to the people: 

(a.) To the Federal Congress at New York; 

(b. ) By it, to State legislatures; 

(c. ) By them, to State conventions composed of delegates 
elected by the people. 

7. — Ratification by the people of the States: 

(a.) Delaware, unanimously, Dec. 7, 1787. 

(b. ) Pennsylvania, vote, 46 to 23, Dec. 12, 1787. 

(c. ) New Jersey, unanimously, Dec. 18, 1787. 

( d. ) Georgia, unanimously, Jan. 2, 1788. 

(e.) Connecticut, vote, 128 to 40, Jan. 9, 1788. 

(f.) Massachusetts, vote, 187 to 168, Feb. 6, 1788. 

(g.) Maryland, vote, 63 to 12, April 28, 1788. 

(h. ) South Carolina, vote, 149 t» 73, May 23, 1788. 

(i.) New Hampshire, vote, 57 to 47, June 21, 1788 — Success. 

(j.) Virginia, vote, 89 to 79, June 25, 1788. 

(k. ) New York, vote, 30 to 25, July 26, 1788. 

(1.) North Carolina, vote, 193 to 75, Nov. 21, 1789. 

(m.) Rhode Island, by a majority of two. May 29, 1790 — Rat- 
ified. 



_16 

IL — Analysis of the constitution. 

1. — Peeamble. — From peae before, and ambulaee, to walk: 
hence literally that which walks before. 

(a.) Definition: — The introductory part of the constitution, 
(b.) Importance. 

1. — It defines the nature of the document: viz., a compact 
between the people. 

(a.) "We the people." 

(b^) "To secure the blessings of liberty to ourselves and 
our posterity, do ordain, etc." 

1. — States have no posterity. 

2. — "Oui- posterity" must mean native-born or natural- 
ized citizens. 

(c.) It was submitted to by the people and ratified by ,the 
people. 

2. — It defines the purposes and objects of the Constitution, 
(a.) To iOEM a moee peefect union.— Under the Confed- 
eration we notice the following imperfections: 

1. — An insufficiency of power vested in Congress, 
(a.) "Congress could make and conclude treaties, but 
could only recommend the observance of them." 

(b. ) "Could appoint ambassadors, but could not defray 
their expenses." 

(c. ) "Could borrow money in their own name, on the 
credit of the government, but could not pay a single dollar." 

(d.) Could coin money, but could not purchase an 
ounce of bullion." 

(e. ) "Could declare war, determine the number of 
troops necessary, but could not raise a single soldier." 

(f. ) "Could declare everything and do nothing." A 
grand Advisory Council. 

2. — Imperfections in its workings: 

( a. ) Clashing of State interests ; as, commercial wars, 
(b.) Eetaliatory laws. 

(c. ) Danger from foreign invasions for the following 
reasons : 

1. — The States were not united. 
2. — Individual States recklessly broke treaties 
between our natioli and foreign powers. 



(b. ), "To EBTABLISH JUSTICE." 

1. — Between private citizens of the same State. 

( a. ) Many laws were passed by States, which ignor- 
ed the sacredness of private contracts by making any sort of property 
G legal tender for payment of debts which were contracted to be paid 
with money J 

(b.) Insolvent laws v/ere enacted by some States 
which practically discharged indebtedness without consideration. 

2. — Between States, or citizens of diiferent States. 
There was a want of harmony between co-ordinant tribunals of 
neighboring States. There was no national judiciary. 

3. — Between the Confederation and foreign nations. 
Treaties between them were recklessly broken by individual States. 

(e.) "To INSUEE DOMESTIC TRANQUILLITY." 

L— By establishing a national judiciary consisting of 
"one Supreme Court and such inferior courts as Congress has 
or may from time to time, establish. Congress has established 
nine Circuit Courts, fifty-ei^ht District Courts, one Court of Claims. 
(See Judicial Department.) 

2. — By regulating the value of coin. This places 
citizens of different States upon the same level as regards financial 
transactions, thus making unity. 

3. — By regulating commerce by means of uniform 
laws, thus breaking down State jealousies and preventing State 
rivalries. 

(d.) "To PROVIDE FOR THE COMMON DEFENSE." 

By vesting in Congress the power. 

1. — To call forth the militia; 

2. — To raise and support armies; 

3. — To provide and maintain a navy for the follow- 
ing purposes: viz., to execute the laws; to suppress insurrections; 
and to repel invasions. 

(e.) "To PROMOTE THE GENERAL WELFx\RE," 

1. — By establishing post-offices and jDost-roads. 

2. — In advancing science and useful arts, by secur- 
ing to inventors and authors, the exclusive right for limited periods 
to their respective discoveries, 

3. — By laying and collecting duties on foreign 
merchandise. 



4. — By building harbors and providing for the general 
improvement of the United States. 

(f.) "To SECURE THE BLESSINGS OF LIBERTY (political, civil 

and religious ) to ourselves and our posterity (native-born, or 
naturalized) do ordain and establish this Constitution for the 
United States of America." 



CHAPTEE XL 

2.— Constitution Proper.— This treats of — 
( a. ) Legislative — law-making power ; 
(b.) Executive— law-enforcing power; 
( c. ) Judicial— law-interpreting power ; 
( a. ) Legislative — House of Representatives and Senate. 
1. — House. 
(a.) Representation. 

1. — How determined? — By law of Congress once in every 
ten years. From 1787-1790, the representation was one to thirty 
thousand of the supposed ix)pulation. This gave sixty-five repre- 
sentatives at first. These were allotted as follows: New Hampshire, 
3; Massachusetts, 8; Rhode Island and Providence Plantations, 1; 
Connecticut, 5; New York, 6; Pennsylvania, 8; New Jersey, 4; Dela- 
ware, 1; Maryland, 6; Virginia, 10; North Carolina, 5; South Caroli- 
na, 5 ; and Georgia, 3. 

2. — The representation at present is 1 to each 151,911, 
Delaware and Nevada have each less than that number. But by the 
Constitutional provision: viz., "Each State shall have at least one 
representative," tha above named States are each represented in 
Congress. 

3. — By act of Congress, each organized Territory is allow- 
ed one delegate who may speak, but not vote, on any question. 

(b. ) Apportionment. — Although the convention had fixed the 
representation at 1 for 30,000, it was still a question, who should be 
counted. 

1. — Plans proposed: 

( a. ) To make wealth the basis. 

1.— Money did not then make the American citizen. 



li) 

2. — It Avas a question of sectional interest be- 
tween the North and the South, the latter being at that time the 
wealthiest. 

( b. ) To make wealth and population the basis. 
( c. ) To make population the basis. 

1. — This latter view was opposed by the 
smaller States ( a. ) because they had previously enjoyed equal 
representation with the larger States; and (b), becaus-) it Avould 
render them powerless in the National councils. 

2. — But the differences were settled by a com- 
promise which entitled the smaller States to an equal representation 
in the Senate and according to pojoulation in the House. ' 
( c. ) Who should be counted. 

Eepeesentatives shall be apfoeI'igned among the 
SEVERAL States accoeding to their respective numbers includ- 
ing 

1. — The whole number of free persons; 

2. — Thcse bound to service for a term of years; 

3.— Indians who are taxed; and 

4. — Three-fifths of all other persons viz: slaves. 

(a. ) Objections to the latter being counted: 

1. — Slaves are mere property and therefore can- 
not be counted in a numerical representation of citizens. ' 
2. — Such repi-esentation makes slaves — mere prop- 
erty^ — the AVhite man's equal in political power. 

3. — It denies , that intelligence is essential to 
citizenship by making imported negroes of no intelligence, the equal 
of the White man in political power. 

( b. ) Eeplies to objections: 

1. — In a certain sense slaves are . property, yet 
in a very important sense the}^ are human beings, brought within 
the pale of civilization; and hence, should be represented. 

2. — The privilege of importing slaves is open 
to all States alike. 

( c. ) Compromise. 

1. — Three-fifths of the slaves should be counted 
in the representation; the same for direct taxation. 

2. — The importation of slaves should not be 
prohibited either (a), by congress; nor (b),.by any amendment, prior 
to 1808. 



20 ~ : ~ 

3. — A tax of ten dollars should be imposed for 
each slave thereafter imported. From this; we learn that a man's 
vote was valued at sixteen and two-thirds dollars for twenty-one 
years. 

4. — Query:. Was the negro the same sort of a 
being when the South desired political power, as when she argued 
the justice of slavery. 

( d. ) Changes by legislation. 

1. — The Xlllth Amendment abolished slavery [1865. ] 

2. — The XlVth Amendment permitted of the male 
citizens over twenty-one years of age, only the legal voters to be 
counted in ''the basis of representation, permitting the states to de- 
termine them [1868]. This vertually said: Define the negro. If 
he is a man, let him vote. If he is not a man, he must not be 
counted as such. 

3. — The XVih Amendment enfranchised the negro 
[1870]. Hence the basis of representation at present is the entire 
population less — (a), Indians not taxed; and (b), Such a propor- 
tion of the entire population as the male citizens over twenty-one 
years of age and disfranchised, except for rebellion or other crime, bear 
to the whole number of male citizens over twenty-one years of age. 
( See XlVth Amendment ). 
(e.) Eligibility. 

1. — Age. — No person shall be a Representative who 
skall not have attained to the age of twenty -five years; 

2. — Citizenship. — And been seven years a citizen of 
the United States; 

3. — Inhabitancy.— And who shall not, when elected, 
( not during his ofiicial term ) be an inhabitant of the State ( not 
congressional district) from which chosen. 

4. — Ofiicial encumberance. — No United States ofiicer 
shall be a member of either House of Congress during his continu- 
anc-:^. in ofiice. 

5. — Disloyalty. — No person having once taken an oath 

(a.) As A MEMBER OF CONGRESS OR ANY StATE 

legislature; or 

( b. ) As AN executive or judicial officer of any 
State, to support the Constitution and afterwards having 
engaged in insurrection or rebellion against the same, or hay- 



2^ 

ING GIVEN AID OE COMFORT TO THE ENEMIES THEREOF SHALL BE A 

SENATOR OR REPRESENTATH'E. [ Condensed from XYth Amendment]. 

6. — Is a Congi'essman an United States officer? Can 
he be impeached? 

( f. ) Term of office. — Two years. 

1.— Time of election. — First Tuesday after the first 
Monday of November of even years. [1872]. 

2. — Exceptions. — A few States whose constitutions fix 
another day. 

3. — Commencement. — March 4th of odd years, 
(g. ) By whom elected. —Plans proposed: 

1. — By State legislatures. — It was urgeH by some, 
that the people were incapable of properly exercising such an im- 
portant trust; that they were ignorant and liable to be misled by 
pretended patriots. 

2. "By the people." — In favor of this view it was 
urged: that a representative must be from the people and of the 
people, to know the people's wants. He must sympathize with them, 
to be a fit representative of them. 'Besides, that the people are qual- 
ified to elect, is clear from the fact that they can select such wise 
men for the State legislatures. Adopted. 

(h. ) Electors.— Qualifications of: 

1. — Those requisite for voting for members of the sev- 
eral State legislatures. Opposed: 

( a. ) It delegates to States the power to determine the 
qualifications of electors. 

( b. ) It is impracticable since several States require 
higher qualifications to vote foi* State senators than for State repre- 
sentatives. 

2. — Only freeholders should be allowed to vote. Ably 
defended. 

3. — That the electors in each State shall have the 
qualifications requisite for electors of the most numerous 

BRANCH OI^THE StATE LEGISLATURES. ADOPTED. • 

4. — Each state may therefore determine for itself Avho 
may vote. 

(i. ) Methods of election. 

1. — From 1787-1842, in several states, by a general tick- 
et just as we now elect a representative at large. 



_22 ' 1__^__ _^ 

2. — From 1842 to the present by congressional districts 
— one to each district. 

3. — A representative at large is a member elected by 
the entire State. They are thus elected, when a State is entitled to 
either more or less members than she has congressional districts. 

(j. ) yACANCIES. 

1. — How occur. — By death, resignation, or expulsion 
from the House for misbehavior. 

2. — How filled. — By a special election held in pursuance 
of a writ issued by the Executive of State to the congressional dis- 
trict in which the vacancy occurs. 

3. — Term. — Remainder of term for which his prede- 
cessor was elected. 

(k. ) Census. 

1. — When taken. — First in 1799 and decennially, since. 

2. — How made. — As Congress shall by law direct. At 
present, by Secretary of the Interior through the Superintendent of 
the Census. By him through supervisors of limited districts. These 
appoint enumerators who canvass subdistricts not exceeding 20,000 
population. These enumerators visit each family, and ask of com- 
petent persons such questions as Congress directs; as to age, sex, 
color, ability to read and write; also, questions relating to agricul- 
ture, manufactures, commerce, etc. 
( 1. ; House Powers. 

1.— Elective. 

(a.) To CHOOSE THEIR SPEAKER— From the House, who- 
presides over deliberations, keeps order aijd appoints standing com- 
mittees. 

( b. ) To CHOOSE OTHER OFFICERS; as, clerk, sergeant-at- 
arms, postmaster and doorkeeper — not from the House. 

(c. ) To ELECT A President when the electors of 
President and Vice-President fail to elect one. (See Execu- 
tive. 

2. — Inquisitorial. 

( a. ) Sole Power of originating impeachment. 

1. — Definition. — An arraignment of a public officer 
under a written or formal accusation of corruption in office, of crimes 
and misdemeanors, for which he ought to be removed from office. 
2. — Course pursued. 



^ ^ ^ ^ i 

"^ ■' ^ j 

(a.) Some member believes charges should be j 

preferred and })roposes an investigating committee. j 

(b. ) Committee investigates and reports to the j 

House. " I 

(c. ) House votes. I£ a majority favor impeach- 
ment, a committee is appointed to draft the articles. 

(d. ) House then votes upon the articles separately. ; 

If they still favor impeachment, a committee is appointed, from the \ 

House, to go before the Senate and represent the House in prosecu- | 

tion. (See Senate under impeachment. ) j 

(b. ) Sole power of originating bills for raising \ 

REVENUE. i 

1. — Opposition: It was argued that the Senate i 
should exercise that power because they were tlie more capable body. \ 

2. — Keply: The House being the direct represen- I 
tation of the people, knows more perfectly the people's will; and | 
therefore should originate such bills. 

8. — Decision: The bill passed by a minority of 
states, but a majority of those that voted. Several states being di- 
vided, lost their votes. { 

Who are electors of representatives? When 
do representatives elect the President? If Missouri should pass a 
law^ requiring all voters to pass an examination on Civil Government, 
would it be constitutional ? , j 

CHAPTEK XII. 

1. — The Senate. 

( a. ) How composed — of two senators from each state. 

1. — Opposed by larger states. It gives to the smaller states 
an undue political power, based neither upon population nor wealth. 
2. — Demanded by the smaller states. (1) They had hitherto 
enjoyed equal i^olitical power with the larger states. (2) They in- 
structed their delegates to the Constitutional convention, not to yield 
that privilege. 

3. — Compromise. — By the division of Congress into two houses, 
giving each state an equal representation in the Senate, and accord- 
ing to poi:)ulation, in the House, 
(b. ) Eligibility. 



_24__ 

1. — Age. — At least 30 years — Because duties demand maturity 
of powers, (a) Must try impeachments, (b) Must decide the 
fitness of executive nominations to office, (c) Hold jointly with the 
President, the prerogative of treaty-making. 
2. — Citizenship. — At least 9 years. 
( a. ) Opinions of different members of Convention : 
1. — 'Should be a citizen by birth. 
2. — Should be a citizen — native or naturalized. 
3. — Others required citizenship for terms varying from 
four to fourteen years. 

(b. ) Compromise. — 9 years. 

3. — Inhabitancy. — When chosen, must be an inhabitant 
OF the State from which chosen. He may hold office after re- 
moval to another State. 

4. — No U. S. officer shall be a member of either house 
OF Congress. 

(a.) To avoid centralization of power, during his continu- 
ance in office. 

( b. ) To provide for the proper discharge of the duties of 
both offices. 

5. — No disloyal legislative, executive, or judicial ex- 
officer, whether of a State or the United States, can be a 
senator. 

(a. ) Unless Congress by a two-third vote, remove such 
disability. 

(b.) Examples OF SUCH removal: 

1. — The Amnesty Proclamation of May 29th, 1865, 
granting pardon to all rebels, save disloyal officers mentioned above. 
2. — The Amnesty Proclamation of Sept. 7th, 1865, 
granting pardon to all officers, save the leaders of the Eebellion. 

3. — The Amnesty Proclamation of Dec, 1868, proffer- 
ed pardon to all leaders of the Rebellion. Thus far, Jefferson 
Davis has not accepted th>e generous offer. 
( c. ) Terms. —6 Years. 

1. — L:ngth3 of term proposed, varied from 3 years to 
a lifetime. * 

2. — All favored a term sufficiently long, to insure dig- 
nity and stability of the government. 

3. — Some opposed a term of ten years, or for life. 



lest the senator might forget his home responsibilities. 
4. — Compromise. — 6 years, 
(d.) How Chosen. 

1. — Plans proposed: 

( a. ) To be nominated by State legislatures and elected 
by the House. 

( b. ) By direct vote of the people. 

(c. ) To be nominated by State legistatures and cho- 
sen by the President. 

(d. ) By senatorial electors elected by the people, 
(e. ) By senatorial districts, by district vote. 
2. — Plan adopted. — By choice of State legislatures, 
(a.) Begular election. 

1. — On second Tuesdays after meeting and organiza- 
tion of the legislature. 

2. — By a vita voce vote of both houses separately. 
( a. ) Both houses meet in joint assembly next day. 
If any person has received a majority — vote in each house, he is 
declared elected. 

(b. ) If not, both houses meet in joint assembly, 
shall vote at least one time per day, until senators are elected, 
(b. ) Vacancy during recess of legislature. 

1. — Governor makes temporary appointments. 
2.-— On meeting of legislature, proceed as before. 
(c.) Vacancy during session. Proceed as at regular 
election, beginning on 2d Tuesday after notice of vacancy shall have 
been given. 

( e. ) How Classed. 

1. — At first session senators were separated into three 
groups, b}^ name; the senators from different states being placed 
in different groups. 

2, — Three papers of equal size and numbered 1, 2 and 3 
were then i^laced in a box by the secretary. 

3. — A committee of three (one from each group) drew 
the papers. The class drawing No. 1, served two years; those 
drawing No. 2 served four years; the third, six years. 

4. — Senators from new States were to be placed in the 
foregoing classes by lot so as to keep the numbers as nearly equal 
as possible. 



26 ' 

(f. ) Vote. 

1. — Under the Articles of Confederation each State conld 
have only one vote and none when but one member Vv^as present or 
when the delegation was equally diAdded. 

2. — Under the Constitution each Senator has one vote. 
( g. ) Presiding oehcer. 

1. — Vice-President of the United States. 

( a. ) How elected, ( see belov/. ) 

(b. ) Yote. Afiirmative, and only when the Senate is 
equail}^ divided. 

2. -President pro tempore. 

(a.) How chosen. — By Senate. 

(b. ) Never becomes Vice-President, since a Senator is 
not an United States officer. 

S. — Contrast. 

(a.) Vice-President must be a native born citizen. The 
president pro tem need not to be. 

(b. ) The former must be at least 35 years of age; the 
latter need not be over 30 years. 

( c. ) The former can be impeached; the latter cannot be. 

( d. ) The former may be elected in two ways; (1), by 
electors and (2), by senators from those voted for as Vice-President; 
the latt3r can be chosen by the Senate only. 

(e. ) The term of the former is fixed by the Constitution 
at 4 years; that of the latter is not definitely defined. 

(f. ) The former can vote only when the Senate is equally 
divided; the latter may vote on all questions before the Senate, and 
must vote when the yeas and nays are called. 
( h. ) Senate Powers. 

1. — Legislative. 

(a.) Co-ordinate vvdth the House in general legislation 
with this one excej)tion, viz: The Senate cannot originate bills for 
raising revenue. 

( b. ) May propose, concur with, or reject amendments to 
such bills; or reject the bills altogether. 

2. — Executive. — So called because the Senate acts on the 
recommendations of the President. . Session is called an executive 
session. 

{ a. ) To ratify treaties proposed by the President when 



27 

two-thirds of senators present concur. 

1. — Treaty-making power. — Various opinions were en- 
tertained as to where this power should be vested. The first was to 
place it in the Senate alone; the second in the President alone; and 
the third { and this prevailed ) in the President and Senate. 

2. — As to treaties of peace, four views were advanced: 
viz, (a) To lodge this power with the President, (b), With Senate 
two-thirds concurring, (c), With numerical majority of the Senate, 
(d), With the President who proposes and the Senate who ratifies. 
This last view prevailed. 

3. — How they are effected. 

( a. ) Negotiated by special commissioners, ambassa- 
dors, or other public ministers. 

(b. ) Terms agreed upon are then sent to the Presi- 
dent who submits them to the Senate for ratification. 

(c. ) If amendments or alterations are made by the 
Senate, the whole document must be submitted to the President and 
the foreign government with whom the negotiations are then pending, 
(b. ) To confirm Presidential nominations to office. 

1. — Views as to the appointing power: 

(a.) That the President alone should appoint. 

( b. ) That the Senate alone should appoint. 

(c.) That the Senate (two-thirds concurring) should 
nominate and elect, but give the President a negative vote. 

(d.) That the President should nominate and the 
Senate (two-thirds concurring) confirm. Adopted. 

2. — Officers so appointed: 

( a. ) Ambassadors, other public ministers, 

(b. ) Judges of the Supreme Court; 

( c. ) All other United States officers whose appoint- 
ments are not expressly provided for in the Constitution. 

3.— Elective.— Power to elect — 

(a. ) Vice-President — when electors fail to elect one; 
as in the solitary case of E. M. Johnson in 1837. 

(b. ) Senate officers: 

1. — From Senate; as, 

(a.) Secretary. — To keep the journal; to take 
charge of the papers; and when called upon by any member, to read 
any matter pertaining to the business of the Senate. 



^8 

of the Senate, 
for the members. 



(b.) Sergeant-at-arms. — To enforce the orders 
( c. ) Postmaster. — To mail and distribute letters 



(d.) Doorkeeper. 
4. — Judicial. 

( a. ) Sole power to try all impeachments when sit- 
ting for that purpose, on oath or affirmation. ( See House Powers 
under Inquisitorial. ) There were several objections urged against 
this provision; as, 

1. — It should be committed to the Supreme Court 
or some tribunal learned in law, since impeachment is a judicial pro- 
ceeding. 

2. — Others maintained it should be committed to 
the Supreme Court and special tribunal, since it is not wholly a ju- 
dicial proceeding. 

(b.) Presiding Officer during Impeachment. — Chief 
Justice of the United States. We give as probable reasons for this 
provision: 

1. — The Vice-President should not preside, since 
he might be interested in the President's conviction. 

2. — The President should be suspended from 
office during his trial, when the Yice-President would be called to 
the duties of the President. 

3.— It is fit that the highest judicial officer should 
preside when the highest officer of the government is tried. 

(c.) Method or PROCEDURE. (See House — Inquis- 
itorial. 

Charges are preferred against the officer by 
the House. These are brought to the notice of the Senate by a com- 
mittee appointed for that purpose by the House. The Senate sum- 
mons the party to appear before it on a certain day and hour. 
This summons is served by the Sergeant-at-arms of the Senate. The 
accused appears at the bar of the Senate either in person or by coun- 
sel and receives a copy of the charges preferred. He then prepares 
his answer, after which the House replies through its committee and 
asserts its readiness to prove the charges. The accused then pre- 
pares for trial. This is conducted substantially according to the 
usual forms and methods of the higher courts. When the evidence 



29_ 

is concluded, each senator on the calling of his name, on each article 
of the impeachment, votes yea or nay on the guilt of the accused and 
sentence is rendered accordingly. The first question put to each 
Senator, is, "Shall the accused be removed from the ofiice which he 
holds?" The second is, "Shall ho be disqualified to hold and enjoy 
any office of honor, trust or profit, under the United States?" 

(d. ) Yotes necessary. 

1. — It requires a two-thirds majority of the mem- 
bers present to impeach. This majority was required (a), to prevent 
conviction from party zeal and political prejudice; (b), to command 
the respect and acquiescence of the people. 

(e. ) Extent of judgment. 

This may consist of (1) The removal from 
office alone. Or (2), in addition to this, the disqualification to hold 
any office of honor, profit or trust, under the United States. In addi- 
tion to this judgment, the convicted shall be liable and subject to 
indictment, trial, judgment and punishment according to law. 

CHAPTEE XIII. 

S.—PEO VISIONS COMMON TO BOTH HOUSES. 

(a.) Membership. — Determined by each house. 

1.— Must be of commendable character (a), to guard against 
corrupt legislation; and (b), to preserve our national character both 
at home and abroad. 

2. — Must be constitutionally eligible. — Incompetent persons, 
foreigners, traitors and those officially encumbered, must not assume 
the reins of government 

3. — Must be legally elected. — The people's will is law only 
when legally expressed. Fraudulent office-holders are not apt to 
respect the people's wants. At any rate, an ounce of preventive is 
worth a pound of cure, 
(b.) Business QUORUM. 

1. — A MAJORITY OF EACH HOUSE IS A QUORUM TO DO BUSINESS. 

This prevents an intriguing minority (a), from enacting repugnant 
laws; and (b), from repealing acceptable laws. 

2. — A minority may adjourn from day to day. 

3. — A minority may be authorized to compel the attend- 
ance of absent members in such manner and under such penalties 



^0 . ^^]]^^^^ 

AS EACH HOUSE MAY PROVIDE. This is to prevent a few refractory, un- 
principled absentees from suspending legislation entirely, 
(c.) Journal. 

1. — Publicity. — Each house shall keep a journal of its 
proceedings and shall publish the same from time to time— (a), 
FOR reference; (b), to impel a higher sense of political respon- 
sibility; (c), TO prevent hasty legislation; and (d), to enable 
any constituency to know how it is being represented. 

2. — Secrecy. — Except such parts as in their judgment re- 
quire SECRECY. This is to prevent a formidable enemy from taking 
advantage through the knowledge of legislation, 
(d.) Voting. 

1. — Usual method — viva voce. 

( a. ) If in doubt, the presiding officer puts the question again. 

(b. ) If still in doubt, on request of a member, the House is 
divided, the affirmative taking one side and the negative the other. 
Then the secretary counts, and decision is -made accordingly 

2. — By YEAS and nays — when called for by one-fifth of either 
House. 

(a.) How TAKEN. — On calling the role in alphabetical order, 
each member rises and responds, aye or no. The secretary records 
the votes. The list is again read and mistakes, if any, corrected. 

( b. ) Objects. — That the people may know definitely ( 1 ), who 
were present; (2), who were absent; (3), how each voted; and (4), 
how a refractory minority, sometimes, defeats legislation by consum- 
ing valuable time in calling for the yeas and nays. 

(e. ) PAELIAMENTAEY KULES.— Each house may determine 
the rules of its proceedings. 

1. — These must be in harmony with the Constitution. 

2. — Such a right is essential to liberty, facility and dispatch in 
legislation. 

(f.) PENALTIES.— EACH HOUSE MAY PUNISH ITS 
MEMBEKS FOE DISOEDEELY BEHAYIOE, AND, WITH 
THE CONCUEEENCE OF TWO-THIEDS, EXPEL A MEM- 
BEE. — (1), To preserve order; (2), to make legislation possible; 
(3), to preserve the dignity of Congress and secure for it, 
national respect; and (4), to prevent corrupt legislation— to preserve 
the nation. 

(g.) PEOHIBITIONS. 



31 

1. — On the Houses. 

(a.) As TO TIME. — Neither house, during the sessiqn of 
Congress, shall, without the consent of the other, adjourn for 
more than three days. 

(b. ) As TO PLACE.— Nor to any other place than that 
IN which the two houses shall be sitting. Eeasons: A minority 
might adjourn; and if not limited as to time and place, might pre- 
vent legislation. 

(c.) As TO LENGTH OF session.— This depends upon (1), the 
Constitutional limitation of two years; (2), on the pleasure of the 
two houses, subject to the above limitation; and (3), on the pleasure 
of the President, when the two houses cannot agree on the time of 
adjournment. 

2.^0n Members. 

(a.) No member of either house, shall, during the time for 
which he was elected, be a^^pointed to any office under the United 
States 

1. — Which shall have been created during such time; or 
2. — The emoluments whereof shall have been increased 
during such time. 

(b. ) Objects. — (1), To guard against extravagance; and 
(2), to withdraw, as far as possible, all inducement to political cor- 
ruption. 

(h. ) Official oath. — Senators and representatives shall be 
bound by oath and affirmation to support the Constitution. 

The oath is administered by the secretary of the Senate, 
or the clerk of the House. But, out of respect to the religious scru- 
ples of some, a solemn affirmation is administered instead of the oath, 
(i. ) Salaries. 

1. — Opposition. — Several in the Constitutional convention 
opposed allowing salaries to congressmen, especially to senators. 
They considered the honor a sufficient reward for services. This 
method, they argued, would secure men of high character and ability. 
2. — Reply. — Against this view it was urged, (a), it savors too 
much of aristocracy; (b), it would exclude from Congi-ess, men of 
the noblest character and intellect. 

3.— Decision. — The members shall recei^-e a compensation for 
their services to be ascertained by law and paid out of the Treasury 
of the United States. But the members themselves make the law: 



^2 

hence, fix their own salaries. At present — after several advances — 
the salary for common members is 15,000; for Speaker of the House 
and the President of the Senate, 18,000 per year. 

CHAPTEE XIV. 

4.— EXPEESS POWEES OF CONGEESS. 

(a.) Finance. 

1. — Eesoukces. — Congress shall have power, 
( a. ) To lay and collect — 

1. — Direct taxes; as, capitation tax, and such as 
may be levied on land, or other real estate. But all such taxes shall 
be apportioned among the several States according to population. 
Proofs: "No capitation, or other direct tax shall be laid, unless in 
proportion to the census or enumeration directed to be taken." 

2. — Indirect taxes; as, 

(a.) Excises; i. e., Internal Eevenue from taxes on 
spirits, tobacco, fermented liquors, banks, patent and copyrights, 
sale of stamps, etc. The daily revenue from intoxicating drinks is 
about 1278,000. 

(b. ) Customs; i. e., duties and imposts on imported 
goods only. Of these there are two kinds: (a), ad valorem; i. e., 
according to value as shown by a true invoice sworn to, by the owner; 
and (b), specific; i. e., a certain fixed sum per gallon, yard, etc. 

(b. ) To dispose OF PUBLIC LANDS. 

United States public lands open for settlement, lie 
within 19 States and 8 Territories. They are divided into two great 
classes. The former is rated at $1.25; and the latter, at $2.50 per 
acre, being the alternate sections reserved by the United States, in 
the land grants to railroads, etc. They may be acquired by private 
entry or location under either the Pre-emption, Homestead, or Tim- 
ber-culture laws. Some public lands (unreserved and some other 
classes) may be purchased for cash from the Land Eegister. If the 
proceedings are found regular, the Commissioner of the General 
Land office at Washington, issues a complete title to the purchaser. 
The chief restrictions upon the purchaser are the following: 

1. — The applicant shall make affidavit that he or she is 
the head of a family; or is twenty-one years of age; or has performed 
service in the army or navy of the United States. 



2. — That the application is for his or her exclusive 
benefit and for the purpose of actual settlement and cultivation. 

3. — The time required for receiving a perfect title 
under the Timber-culture Acts, is three years from date of settlement; 
under the Homestead, five years. 

4. — The expenses under the Timber-culture claim, 
varies from $13 to 118; under the Homestead law, from $7 to $34. 
The receipts from the sale of public lands for 1885, amounted to 
eight and one-half million dollars. 

5. — By a law recently enacted, an alien, unless he has 
declared his intention to become a citizen, is forbidden to acquire, 
hold or own any real estate in any of the Territories, unless the right 
is secured by existing treaties. But such right shall continue only 
so long as such treaties remain in force. No corporation, of which 
one-fifth of the stock is owned by foreigners, shall hereafter acquire 
or hold real estate in the Territories. 

(c.) To DISPOSE OF OTHER PROPERTY OF THE UNITED 

States. — This includes the material which shall have accumulated 
during war. 

(d.) To BORROW MONEY ON THE CREDIT OF THE UNITED 

State. — It sometimes becomes necessary, as in the late war, 
to borrow money to meet the demands of the government. This, 
usually is done by issuing government bonds and jjlacing them 
on the market at the best rates the government can command. 

2. — Disbursements.— The above powers were granted to 
Congress for but three purposes: viz, (a), To pay the debts of the 
United States; (b), to provide for the common defense; (c), to pro- 
mote the general welfare. ♦ 

( b. ) Commerce — Congress shall have power to regulate 
commerce 

1. — With foreign nations. — The wisdom of vesting 
this power in Congress is evident trom the history of the Federal 
Union. England attempted to monopolize commerce. Individual 
States tried to carry out the same policy. The result may be stated 
thus: (a). Selfishness; (b), Jealousy; (c), Ketaliation; (d), Inter- 
State enmity; and (e). Prostration of commerce at the feet of foreign 
nations. 

2. — Among the several states. — Inter-State commerce 
must be placed under the control of Congress, else the 



_34 

States would cripple the national commerce by imposing duties and 
imposts on articles brought within their limits. Old rivalries and 
jealousies would still remain, and "domestic tranquillity" w^ould not 
be known. 

3. — And with the Indian tribes. — It was con- 
sidered necessary to vest this power in Congress for the following 
reasons : 

(a. ) To secure uniformity of traffic, thus removing the 
chief cause of aggressions and depredations by Indians. 

(b. ) Congress could more easily command the confidence 
of the tribes than could the State legislatures. 

. (c.) To preserve the right and defend the territory of 
the Indians. 

(c.) Commercial. 

1. — To coin money. — This power was designed — (a). 
To insure purity and uniformity of value to coins, (b), To facilitate 
exchanges at home and abroad, (c), To encourage and stimulate 
commerce, (d), To insure an adequacy of money to meet the people's 
wants. Money is coined at the Mint at Philadelphia and the branch 
offices at New York, San Francisco, Denver and others. 

2. — To REGULATE THE VALUE THEREOF. — Tilis is done, 

(a), by determining the amount ol metal, gold or silver, to 
be put into each coin; and (b), by stamping the precise value upon 
its face. 

3.— To REGULATE THE VALUE OF FOREIGN COIN. — 

Different States placed different values upon th*e same piece 
of coin. Endless disputes, confusion and serious embarrassments to 
commercial interests were the results. To obviate these difficulties 
each foreign coin must have a fixed uniform value throughout the 
United States. 

4. — To FIX THE STANDARD OF WEIGHTS AND MEASURES. — 

This power has not yet been exercised. The States, as yet, possess 
the power to fix their own standards. 

5.— -To ESTABLISH UNIFORM LAWS ON THE SUBJECT OF BANK- 
RUPTCIES THROUGHOUT THE UNITED States. — A bankrupt law 
is o]ie which secures to the creditors an appropriation of all the 
debtor's property and permits the courts to completely discharge 
his indebtedness. But dishonest debtors have taken advantage 
of this lavv to release their debts. Hence, all such laws have 



____^________^ ?5_ 

been repealed. States cannot pass a bankruj)t law, but may pass 
insolvent laws. These simply relieve debtors from liability to 
imprisonment, on tlie suiTender of their property to creditors. The 
future property of debtors may be seized for their debts, 
(d. ) Penalties. 

1.— To PROVIDE FOR THE PUNISHMENT OF COUNTEREEITING, 

(a), THE SECURITIES or THE United States; AND (b), the current 
co*[N OF the United States. — The financial interests of the United 
States demand that Congress alone shall make money, regulate its 
value, and determine the amount necessary. Those same interests 
demand that Congress shall preserve those rights inviolate by pun- 
ishing all attempts to meddle with their exclusive prerogative. 

2. — To DEFINE piracies AND FELONIES COMMITTED ON THE 
HIGH SEAS, AND OFFENCES AGAINST THE LAW OF NATIONS. ^"Piracy" 

is commonly defined to be forcible robbery on the high seas. The 
term "high seas" embraces the entire waters of the ocean below low- 
water mark. This crime is an offence against the universal law of 
society. "Felony" is a generic term embracing several crimes, as, 
murder, larceny, arson, burglary, etc. Congi'ess reserves the right 
to define these terms; also offences of American citizens against the 
law of nations. State jurisdictions cannot extend beyond the limits 
of State; hence, when such crimes and offences have been committed, 
the jurisdiction belongs to the Federal Courts. Congress has the 
clearly implied power to provide for punishing such crimes and 
offences. 

3. — To DECLARE THE PUNISHMENT OF TREASON.— The Con- 
stitution defines treason and gives to Congress the right to fix the 
punishment thereof, subject to certain restrictions. (See Prohi- 
bitions on Congress, page 31. ) 

(e.) Post Offices. — To establish post offices and post 

ROADS. 

1. — Post offices are established by the Postmaster-General. 

2. — Appointment. — Those postmasters receiving less than 
$1,000 per annum are appointed by the Postmaster-General; those 
receiving more (salaried) are nominated by the President and con- 
firmed by the Senate. In 1885, there were of this class, 2,333. 

3.— Number.— In 1789, there were 75; in 1885, 51,252 
post offices, in the United States. 

4 — The total travel. — In 1790 it was 7,365 miles; in 



_36 

1885, over 150 million miles. 

5. — Eeceipts. — In 1790 the receipts were ' nearly forty 
thousand dollars ; in 1885, over forty million dollars. 

6. — Letter postage. — 1790-1845, under 30 miles, 6 cts; 
30-80 miles, 10 cts; 80-150 miles, 12 J cts; 150-400 miles, 25 cts. 
1845-1851, for each half ounce, less than 3,000 miles, 5 cts; over 
3,000 miles, 10 cts. 1851-1883, for each half ounce or fraction there- 
of, for less than 3,000 miles and wholly within the United States, if 
prepaid, 3 cts; if not prepaid, 5 cts. For a greater distance, double 
these rates. ► For double weight, double rate, etc. 1883-1886, to any 
point in the United States, 2 cts per half ounce or fraction thereof. 
Since 1886, 2 cts per ounce or fraction thereof. 

7. — Post Eoads are roads over which mail is carried. 
All railroads are, by law, made post roads; also many rivers and 
lakes over which travel is public and regular. Congress has, in but 
few instances, exercised their power to establish post roads. Mail 
routes are regularly selected and declared before being used. Post- 
master-General advertises for bidders and lets contracts to carry 
mail, to the lowest responsible bidder. Mails are carried by private 
individuals, railroad companies and steamboat companies. 

8. — The Importance of this means of communication can- 
not be overestimated. How unwillingly we bid farewell to home and 
the scenes of childhood. It took a miracle to scatter the builders 
on the plains of Shinar. So, to-day, the ties of alfoction, the desire 
to hold converse with each other, and our commercial interests, bind 
together the citizens of every realm. No man who appreciates the 
advantages of society, would become pioneer and shut himself off 
from all communication with that world behind. Bat for this system, 
our prairies and forests must have remained unsubjected to the hand 
of civilization; and those inhabiting sparsely populated regions must 
have remained ignorant of the progress of science and art. But, to- 
day, by means of post offices and post roads, we are all neighbors. 

(f.) Patent and Copy Eights:— Congress shall have 

POWER to advance SCIENCE AND THE USEFUL ARTS BY SECURING, FOR 
LIMITED TIMES — 

l.^To AUTHORS, THE EXCLUSIVE RIGHT TO THEIR RE- 
SPECTIVE WRITINGS. 



2.— To INVENTORS, THE SOLE RIGHT TO THEIR RESPECTIVE 



DISCOVERIES. 



(a.) Why protect authors and inventors. — Original labor 
is the true basis of ownership. Man has the same right to the pro- 
duct of his brains as he has to the product of his hands. No class of 
men more richly deserve the patronage of the public than do authors 
and inventors. Their labors have enriched the world. Science and 
the arts have reaped abundant harvests from their discoveries, 
while many of the great authors and inventors have languished in 
poverty and died in neglect. But State protection would have been 
insufficient. Citizens of different States must not be allowed to 
steal one anothers productions. Hence we can see the propriety in 
authorizing Congress to protect authors and inventors throughout 
the United States. 

(b.) What may be copyrighted. — Books, maps, charts, 
musical compositions, cuts, engravings, photographs, paintings, or 
any other literary or scientific productions. 

(c. ) How SECURED. — A printed copy of the title of the 
book, map, chart, etc., or a description of the painting, drawing, etc., 
for which a copyright is desired, must be sent to the Librarian of 
Congress, Washington D. C. This must be done before publishing. 
A fee of one dollar for recording the title and issuing a certificate of 
copyrignt, must accompany the application. Within ten days after 
publication. of each article two complete copies must be sent to the 
Librarian of Congress ; otherwise the copyright is void and a penalty 
of $25 incurred. To be valid every copy published must contain a 
notice that a copyright has been secured. 

(d. ) W^HAT MAY BE PATENTED. — Any new and useful ma- 
chine, instrument, manufacture or composition of matter, or any new 
and useful improvement of them. 

(e.) Steps necessary to secure a patent. — The appli- 
cant must make a distinct specification and give a complete descrip- 
tion of his invention; and, in cases admitting of drawings or models, 
these must be made and deposited with the Commissioner of Patents. 
The invention must not be in use or on sale for more than two years 
prior to application for patent. The applicant must swear that he 
believes himself to be the original inventor. He must send with his 
application, fifteen dollars. Examination is then made in the patent 
office and if the invention is patentable, Letters-patent are issued on 
the further payment of twenty dollars. 

(f.) United States Patent Fees: 



38 



On each application for a Patent $15 00 

On issuing each Original Patent (17 years) 20 00 

Application for Ke-issue 30 00 

Application for extension 50 00 

For each extension granted ( 7 years ) 50 00 

On each Caveat , 10 00 

Appeal to Examiners-in-chief 10 00 

Appeal to Commissioner of Patents 20 00 

Filing a Disclaimer 10 00 

Application for Design (3 ^ years) 15 00 

Application for Design ( 7 years ) 30 00 

Kegister fee for Labels ( 28 years ) 6 00 

Register fee for Trade Marks (30 years) 25 00 

Labels and trade marks not patented. 
(g.) War. 

1.— Congress has power to declare war. 

(a. ) Why vest this power in Congress. — The right to de- 
clare war belongs to the sovereign power alone. But in our country, 
the will of the people is sovereign. But practically the people's will 
can be made known only through their representatives. Hence, this 
power was vested in Congress. 

(b. ) Opinions of the Constitutional Convention as to 
where this power should be lodged were various: (a), One class 
favored vesting it in the Senate only; (b), a second, in the President 
alone; (c), a third, in both the Senate and President; and (d), a 
fourth, in Congress alone. 

(c. ) Treaty OF Peace. — When a nation declares war, it 
generally recites the wrongs and aggressions of which complaint is 
made, in justification of the measure, and to enlist the sympathies 
of neutral nations in its favor. When war has been declared it can 
be terminated, only by a treaty of peace. 

2.— To GRANT letters OF MARQUE AND REPRISAL. 

(a.) "Marque" as here used signifies a license from the 
government to go beyond its limits or jurisdiction; and reprisal sig- 
nifies a taking in return. Hence, letters of marque and reprisal are 
a commission authorizing a citizen to go beyond the limits of his own 
country and seize the property of another nation as a reparation for 
some injury. 

(b. ) The object in granting such commission in time of 



■ 39 

war, is to carry on the war; in time of peace, is to avoid the necessity 
of going to war. An armed vessel carrying such commission is called 
a PRIVATEER. Goods captured by them from an enemy at sea, are 
called PRIZES. These goods are generally distributed among captors. 

3. — To MAKE RULES CONCERNING CAPTURES ON LAND AND 
WATER. 

Before prizes are distributed among the captors, 
it must be ascertained, by a Court of Admiralty, that the captures 
were made legally. The legality of such captures is determined in 
accordance with the laws concerning captures passed by X^ongress. 
The property of an enemy only can be legally taken; that of neutrals 
must be restored. The remedy for illegal captures is "the institu- 
tion of proper prize proceedings in the prize court of captors." 
Privateering is but little less than legalized piracy. Civilized na- 
tions should not permit it. 

4. — To RAISE AND SUPPORT ARMIES. 

This measure being unrestricted, met with bitter 
resistance. It was feared that the people would be overburdened 
with supporting a large army; that such power would result in a 
military despotism. Happily our nation is inclined to peace so 
that our standing army numbers only 25,000, while that of Spain is 
80,000. 

5. — To PROVIDE AND MAINTAIN A NAVY. 

(a) The Navy is the whole number of the ships of war 
belonging to the nation. In times of peace it is necessary, (1), to 
protect our fisheries, commerce, and navigation; (2), to guard against 
invasion by a foreign power. In times of war, it is necessary, (1), 
to protect the commerce of our nation; and (2), to prevent an enemy 
from landing armies upon our shores. 

( b. ) Our navy, like oui- army, is comparatively small. 
In 1885, there were, in the service of the United States, 41 naval 
steam vessels, 12 wooden sailing vessels, 19 iron-clad vessels, 2 tor- 
pedo rams and 13 tugs. Total, 87, of which comparatively few were 
in eificient service. The number of guns was 514. Eecently, the 
United States has constructed an entirely new navy, comprising 
one steel dispatch boat, eight cruisers, four gun-boats, two torpedo 
boats, two armored line-of -battle ships, five monitors and probably 
two floating batteries. These twenty-five steel and iron vessels may 
be considered the foundation of the futuro navy of the United States. 



40 



(c. ) The officers of the line are composed of 1 admiral, 1 
vice-admiral, 7 rear admirals, 13 commodors, and various subordi- 
nates; in all, 580. The warrant officers consist of 38 boatswains, 37 
gunners, 51 carpenters, 29 sail makers and 37 mates; in all, 192. 
(d. ) The Navy Yakds of the United States: 

1.— Brooklyn Navy Yard, Brooklyn N. Y. 

2. — Charleston Navy Yard, Boston, Mass. 

3. — Gosport Navy Yard, near Norfolk, Ya. 

4. — Kittery Navy Yard, opposite Portsmouth, N. H. 

5. — League Island Navy Y'ard,: 7 miles below Phila- 



delphia, Pa. 



London, Conn. 



6. — Mare Island Navy Yard near Sanfrancisco, Cal. 
7. — New London Naval Station (unfinished) New 



8. — Pensacola Navy yard, Pensacola, Fla. 
9. — Washington City Navy Yard, Washington, D. C. 
(e. ) Naval ACADEMY OE the United States. — This is 
located at Annapolis, Maryland, and is under the direct care and 
supervision of the Navy Department. There are allov/ed in the 
academy, one naval cadet to each member of the House of Sepre- 
sentatives at his nomination ; one for the District of Columbia ; and 
ten apxDointed at large by the President. The annual appointments 
are limited to twenty-five. The parties appointed are named by the 
Secretary of the Navy after competative examinations, the cadets 
being from 14 to 18 years of age. Successful candidates become 
students and receive $500 per annum. Graduates are appointed, in 
order of merit, to the lov/er grades of the line, engineer corps and 
marine corps, as fast as vacancies occur. Graduates not appointed 
to duty, get an honorable discharge, with one year's pay. 

6. — To MAKE RULES EOR THE GOVERNMENT AND REGULATION 

OF LAND AND NAVAL FORGES'. — The power to Create always implies the 
right to govern. - 

7.— To PROVIDE — -: . 

(a.) For organizing, arming and disciplining the 
MILITIA OF THE United States. — Tiie militia comprises all able- 
bodied male citizens between 18 and 45 years of age, except those 
employed in the standing army and navy, and such as are exempt by 
the laws of the States and the United States. Of those generally ex- 
empt, we mention members of legislative, executive and judicial de- 



41_ 

partments, clerpjymen, physicians, teachers and others. 

( b. ) The militia, when organized, is divided into brigades, 
regiments, companies, etc., having the usual officers, adjutant-general, 
colonel, captain, etc. 

( c. ) The appointment of militia officers is reserved to 

the States, but the training must be according to the discipline pre- 

^scribed by Congfess. The militia from different States may be 

placed side by side; hence, uniformity of discipline is a necessity to 

harmony of action. 

. (d.) Fort GOVERNING SUCH PART OF THE MILITIA AS MAY 
BE EMrXOYEI) IN THE SERVICE OF THE UNITED StATES.— Eigid dis- 
cipline is necessary in the army. To be salutary, it must be uniform. 
To be uniform, it must emanate from one source. 

(e. ) For calling forth the militia — (1), to execute the 
laws of the Union; (2), to suppress insurrections; and (3), to repel 
invasions. 

(f. ) The President is to be the sole judge of the necessity 
to call forth the militia. This necessity arises in case of a wide- 
spread insurrection, or an impending or actual invasion of an enemy. 
In either case he is bound by his oath to call forth the militia, since 
our standing army in such an emergency, is not sufficient. 

(g. ) Advantages OF THE MILITIA SYSTEM. 

1. — It saves an immense cost of a large standing 
army, while it answers all the practical purposes of the same. (2), 
It permits our citizens to spend their whole time at home in build- 
ing up the interests of the nation. (3), It saves our nation from 
the demoralizing influences of a large standing army. (4), It tends 
, toward peace. 

(h. ) Judiciary. 

1. — To CONSTITUTE TRIBUNALS INFERIOR TO THE ' SU- 

. PREME Court. — These tribunals consist of 9 Circuit Courts, 58 Dis- 
trict Courts, and 1 Court of Claims. They make it possible for all 
cases of Federal adjudication to be attended to. 

■ 2. — To DETERMINE, BY LAW, WHERE THE TRIALS FOR 
GRIMES WHICH ARE NOT COMMITTED WITHIN ANY StATE, SHALL BE 

HELD. — States have no jurisdiction over those crimes committed with- 
out their limits. Trials for such crimes (except for impeachment) 
must be held where Congress prescribes. 

3. — May make exceptions and regulations in those 



42 • _ZZZZ 

CASES OVEE WHICH THE SUPREME CoURT HAS APPELLATE JURISDICTION. 

The right to appellate jurisdiction of the Supreme Court is subject 
to such exceptions and regulations as Congress may establish by 
enactment. ( See Judicial D'p't. ) 

(i.) Naturalization. — To establish a uniform rule 

OF NATURALIZATION. 

1. — "Native-born" means born of citizens of the 
United States, regardless of the place of birth. Such persons are 
natural citizens. 

2. — "Foreign- born" means born of citizens of another 
nation regardless of the place of birth. Such persons are called 
"aliens." They may become citizens by a legal process called 
"naturalization." Such persons are then said to be naturalized. 

3. — The "underlying principle" of our government, 
is, that all citizens are equal before the law. This principle should 
underlie the basis of naturalization, since that process entitles to all 
the privileges and immunities of citizenship in the several States. 
But when left for the States to determine, there was an utter want of 
uniformity. Hence Congress was authorized to establish a uniform 
rule of naturalization. 

4 — KeQUISITIONS in becoming CITIZENS. 

(a. ) Soldiers. — If the applicant has served one year 
in the United States army and has received an honorable discharge, 
he may, on taking the oath of allegiance, become a citizen. 

( b, ) All others over twenty-one years of age. , 
1. — The applicant must reside in the United 
States for at least five years; (2), mast make oath, before a court of 
competent jurisdiction, of his intention to become a citizen, at least 
two years prior to his becoming a citizen; (3), must, before taking 
the oath of allegiance, have witnesses (United States citizens) to 
testify to his five years residence and good character; and (4), 
must then take the oath to renounce and abjure every foreign prince, 
potentate, state, sovereignty whatsoever, and particularly the sover- 
eign of which he is a subject. If he is a married man, his wife and 
minor children become citizens by the same act. Should a married 
applicant die prior to his taking the oath of allegiance, his wife and 
children may become citizens on taking the necessary oath. Any- 
body who might lawfully be naturalized under existing laws and is 
married to a citizen of the United States, is a citizen thereof. 



43 



(j.) Territory. 

1. — Acquisition of. — The United States possess the 
right to acquire territory whenever the general welfare demands it. 
This she has done on several occasions: 

( a. ) By the cession from different States to the gen- 
eral government, of large tracts lying north and south of the Ohio 
and east of the Mississippi, 1781 — 1802. 

(b. ) By the purchase of the Louisiana tract from 
France, in 1803. 

(c. ) By the purchase of Florida fron Spain, 1819. 

(d. ) By the annexation of Texas, in 1845. 

(e. ) By the addition of California by treaty with 
Mexico, 1848. 

(f. ) By the purchase of Alaska, 1867. 

(g. ) By the addition of the Oregon Territory by 
exploration and original occupation. 

2.— Government of. — To make all needful rules 

AND REGULATIONS RESPECTING THE TERRITORY BELONGING TO 

THE United States. — Ownership implies the right to govern, and 
this latter presupposes the right to make all needful rules and reg- 
ulations. 

3. — Seat of Government. — To Exercise Exclu- 
sive LEGISLATION IN ALL CASES WHATSOEVER OVER SUCH DISTRICT, 

not exceeding ten miles square, as may, by cession of particular 
States and the acceptance of Congress, become the seat of 

GOVERNMENT OF THE UNITED StATES. 

( a. ) The legislative power or the District of Col- 
umbia is vested in Congress. 

( b. ) The executive is vested in three commissioners, 
appointed by the President. 

(c. ) The judicial, in a supreme court, a circuit court, 
a criminal and pi district court. Appeals may be made to the Su- 
l^reme Court of the United States. 

4. — Public Works. — To exercise like authority 

OVER ALL PLACES PURCHASED BY THE CONSENT OF THE LEGISLATURE 

OF THE State, in which the same shall be for the erection of, 
(a), forts, (b), magazines, (c), arsenals, (d), dock- yards and 
other needful buildings. 

5. — Disposition of. — To dispose of the territory 



44 

BELONGING TO THE UNITED STATES. ( See Art. Finances, Page 32. ) 
6.— New States. — May admit new States into the 
Union. 

(a.) Organization. — New States are first organized 
as Territories from the public domain and placed under a territorial 
government consisting (1), of a Legislative body composed of a Coun- 
cil and House of Eepresentatives, elected by the people; (2), of an 
Executive power consisting of a governor, who, with a secretary, 
chief justice and two associate justices, attorney and marshal, is ap- 
pointed for four years by the President, with the consent of the Sen- 
ate; and (3), of a Judicial power vested in a supreme court, district 
and probate courts and justices of the peace. Each Territory is 
allowed one representative in Congress, who is permitted to speak 
(but not to vote) on any question. 

(b. ) Admission. — In the course of time the popula- 
tion increases and the people become capable of self-government. 
They frame and ratify a constitution in harmony with that of the 
United States. They then knock for admission. If Congress thinks 
proper, the Territory is admitted as a State into the Union. 
(c.) States admitted. 

Vermont, March 4, 1791 — under Washington. 

Kentucky, June 1, 1792— " 

Tennessee, June 1, 1796— " 

Ohio, February, 19, 1803— " Jefferson. 

Louisiana, April 30, 1812 — " Madison. 

Indiana, Dec. 11, 1816— 

Mississippi, Dec. 10, 1817— " 

Illinois, Dec. 3, 1818— " Monroe. 

Alabama, Dec. 14, 1819— " 

Maine, March 15, 1820— 

Missouri, August 10, 1821— " 

Arkansas, June 15, 1836 — " Jackson. 

Michigan, Jan, 26. 1837— " 

Texas, December 29, 1845— " Tyler. 

Florida, March 3, 1845— 

Iowa, December 28, 1846— " Polk. 

Wisconsin, May 29, 1848— " " 

California, Sept. 9, 1850— " Tayler. 

Minnesota, May 11, 1858— " Buchanan. 



45_ 

Oregon, Feb. 14, 1859— 
Kansas, Jan. 29, 1861 — 
West Virginia, June 19, 1863- " Lincoln. 
Nevada, Oct. 31,1864— 
Nebraska, March 1, 1867 — " Johnson. 
Colorado, August 1, 1876 — " Grant, 
(k.) Eespecting States. 

1. — Elections. — May alter the times, places and 
manner of holding elections for united states senators and 

REPRESENTATIVES, PRESCRIBED BY THE SEVERAL StATE LEGISLATURES, 

EXCEPT AS TO THE PLACE OF CHOOSING SENATORS. — Each State must 
make provision for these elections; if not. Congress makes provision 
for them. Senators are chosen on the Meeting of State legislatures. 
Congress cannot determine the places of meeting; hence cannot say 
where senators shall be chosen. 

2.— Electors of President and Vice President. — 
May determine — 

(a.) The time when the States shall choose the 
electors of President and Vice-President.— By act of Congress, 
this day is the Tuesday nest after the first Monday of November, 
except for a few States whose constitutions otherwise provide. 

(b.) Also the day on which the electors shall 
give their votes, which day shall be the same throughout 
THE United States. — Congress has recently enacted that the 
"electors shall meet at their respective capitals on the Second Mon- 
day in January ^ft^r their appointment and vote for President and 
Vice-President." This prevents (1), undue political excitement, and 
(2), ''bargaining and selling" electoral votes. 

3. — Acts, Records and Judicial Proceedings. 

May by general laws, prescribe the 
manner in which the public acts records and judicial proceed- 
ings of the several states shall be proved and the effect 
THEREOF.— "Full faith and credit shall be given in each State to the 
acts, records and judicial proceedings of every other State" — pro- 
vided these be proven in the manner directed by Congress; and when 
A judgment rendered by any State Court unless an appeal has been 
taken in due time, (ten days) is conclusive ever after and will be re- 
ceived as evidence in any court of the United States. 

( a. ) A State has the right to demand that its acts, 



46 



records and judicial proceedings shall be respected by other 
States. 

(b.) Individuals may make the same demands when 
necessary to vindicate their rights; and when such demands are prop- 
erly made, States are bound to heed and respect them. This saves 
the country from endless disputes and quarrels, which would neces- 
sarily result from not having a national judiciary. 

4. — Imposts and duties. 

All State Laws respecting imposts and 

DUTIES ON imports AND EXPORTS SHALL BE SUBJECT TO THE REVISION 

AND CONTROL OF CONGRESS. — A State may lay only such imposts or 
duties on imports and exports as are absolutely necessary for the ex- 
ecution of their inspection laws. But should they lay burdensome 
inspection duties. Congress may revise their laws, and if necessary, 
control the whole subject. The net proceeds of all sach duties shall 
be for the use of the treasury of the United States. 
(1.) Executive vacancy. 

2. — May, by law, provide for the case of removal, 
death, resignation, or inability both of the President and Vice-, 
President (how?) declaring what officer (United States) 
shall then act as President ; and such officer shall act accord- 
ingly UNTIL — 

(a.) Such DISABILITY BE removed; or 

(b.) A President shall be Elected. 

2. — Until recently, Congress had fixed the succession 
upon (a), the President protempore; and (b), upon the Speaker of 
the House. But, recently, Congress fixed the succession upon the 
members of the Cabinet, in the order of their official seniority; i. e., 
the order in which the departments wore established— except that 
the Attorney-General is continued in his old place as one of the orig- 
inal Cabinet officers. The succession then, is Secretary of State, 
Secretary of Treasury, Secretary of War, Attorney-General, Post- 
master-General, Secretary of the Navy and Secretary of the Interior. 
This law provides that the officer so appointed shall fill the unexpired 
term. It must be remembered also, that no Cabinet ofiicer can be- 
come President unless he possesses all the qualifications for that 
off.ce. (See Executive, Page 18. 

(m.) Appointments.— May, BY LAW, vest the appoint- 
ment OF SUCH INFERIOR OFFICERS AS THEY THINK PROPER, (a), IN THE 



^ 47 

President alone; (b), in the courts of law; (c), in the heads of 

DEPARTMENTS. 

1. — Who ARE INFERIOR OFFICERS. — The Constitution 
does not define. This question is left with Congress to determine. 
It is generally conceded that Cabinet officers aro not. Inferior officers 
may, by consent of Congi'ess, be appointed by the President alone, 
by the courts of law, or by the heads of depai-tments. 

2.— Danger of misusing this power. 

( a. ) It affords opportunity to corrupt favoritism by 
making fidelity to party, a test of fitness to office. 

(b. ) It affords to the party in office, a powerful 
means of continuing in authority irrespective of merit. Merit, and 
not political bias, should be the true test of fitness for office, 
(n.) Constitutional Amendments. 

1. — Congress shall propose amendments to the 
Constitution whenever two-thirds of both Houses shall deem 
It necessary; or 

2. — On application of two-thirds of the State 
legislatures, Congress shall call a convention for proposing 
amendments. 

3. — May prescribe either of the two modes of 

RATIFICATION OF AMENDMENTS: viz., BY StATE CONVENTIONS; AND BY 

State legislatures. 

(a.) Provision for amendments. — No human gov- 
ernment is perfect; much less is it adapted to the wants of the 
peoi^le in different ages. Henc© the Constitution of the United 
States makes provision for amendments to it, whenever necessity de- 
mands them. 

(b.) Initiatory steps. — Congress, cannot amend 
the Constitution but may take the initiatory steps. It may propose 
amendments; it may call a convention for proposing amendments; 
and prescribe the mode of ratification, but no further. 

(c. ) Katification.— (1), By conventions of three- 
fourths of the several States; or (2), by the legislatures of three- 
fourths thereof. 

(d, ) Binding POWER. — Valid to all intents and 
PURPOSES AS A PART OF THE CONSTITUTION. (See Art. Amendments.) 

(e.) Unamend ABLE clause. — No State without 

ITS CONSENT, SHALL BE DEPRIVED OF ITS EQUAL SUFFRAGE IN THE 



48 ^ __^ 

Senate. 

(o.) Slavery. 

1. — Congress SHALL HAVE POWER (until 1808) to 

IMPOSE A TAX NOT EXCEEDING TEN DOLLARS, ON EACH SLAVE IMPORTED. 

(See House, Page 18.) In 1807, Congress passed a law to take effect 
Jan. 1, 1808, prohibiting foreign slave-trade, imposing fines and im- 
prisonment. Slave dealers paid their fines, went to prison, served 
their time and re-engaged in the nefarious practice. In 1820, Con- 
gress made foreign slave-trade piracy, punishable by death. Slavery 
was finally abolished, 1865, by the Xlllth amendment. 

2. — Congress shall have power to enforce the 
abolition 01 slavery by appropriate legislation. 
(p.) General Law-Making. 

1. — Congress shall have power to make all laws 

which. SHALL BE NECESSARY AND PROPER FOR CARRYING INTO EXECUTION 
ALL POWERS VESTED BY THIS CONSTITUTION — 

( a. ) In the government of the United States ; 
or (b), in any department thereof; or (c), in any officer 
thereof. 

2. — The authority to legislate carries with it the 
power to make legislation effective. "Without this, legislation would 
be mockery. 

3. — No human sagacity could foresee all laws which 
might be necessary for the common good: hence the framers of the 
Constitution did not attempt to enumerate them. Nor could human 
wisdom foresee all the special powers which must be exercised to 
render legislation effective. But human sagacity could clearly see 
that for legislation to be effective, it must command the means: 
hence this general power was conferred upon Congress, 
(q.) Meeting OF Congress. 

1. — Congress shall assemble, at least, once in 
every year. 

2. — Such meeting shall be on the first Monday 
IN December, unless they shall by law appoint a different 
DAY. — If the authority to convene Congress was vested in the Presi- 
dent, he might prefer to have no Congress during his administration. 
Again: The two houses might not agree in reference to the time of 
assembling. In both instances, legislation would be defeated. 
Hence the Constitution wisely determines that Congress must assem- 



49^ 

ble yearly, and on a day fixed by law 

(r.) How LAWS ARE MADE. 

1. — A bill is the draft of a law. It may be introduced 
for the action of Congress by any of the several methods: 

(a.) By petition to Congi*ess, by the people. 

(b. ) On permit of either house, by any member 



thereof. 



tee. 



( c. ) By order of either house. 

( d. ) By the report of a standinoj or select commit- 



2. — A committee is a number of persons appointed, 
usually by the presiding officer, though sometimes by the assembly, 
to look after a certain branch of legislation. Its name generally 
suggests its business, as. Committee on Agriculture, Committee on 
Finance, Committee on Military Affairs, Committee on Ways and 
Means, etc. A committee appointed to continue during session of 
the body from which chosen, is styled a Standing Committee. 
Measures before Congress are usually referred to their appropri- 
ate committees for action. Sometimes a measure is introduced 
which does not properly belong to the standing committees. A com- 
mittee appointed to consider such measures is styled a Select Com- 
mittee. If a committee repoi-ts favorably upon any subject, it brings 
in a bill and recommends its passage. 

3. — How A BILL BECOMES A LAW. 

(a) First Process. 

1. — "Bill passes both houses of Congress; 

2. — Is then presented to the President; 

3. — President signs. — It is a law. 

( b. ) Second process. 

1. — Bill passes both houses of Congress; 

2. — Is then presented to the President; 

3. — He disapproves it, returns it with his objec- 
tions to the house in which it originated. 

4. — That house enters objections at large on 
their journal. 

5. — They reconsider it and pass it by a two- 
thirds majority vote. 

6. — The bill, with the objections, is then sent to 
the other house. 



50 



— It is a law. 



7. — The other house reconsiders it. 

8. — They pass the bill by a two-thirds majority vote. 



9. — The votes of both houses shall be taken by the 
YEAS and NAYS, in all such cases. 

10.— The YEAS and nays shall be entered on the 
Journal of each house, respectively. 
(c.) Third PEOCESS. 

1. — Bill passes both houses of Congress; 
2. — Is then sent to the President. 
3. — He neglects to approve and sign it. 
4. — He neglects to return it to the house in which 
it originated. 

5. — It becomes, at the end of ten days, ( Sundays 
excepted), unless Congress shall adjourn before that time." 

4. — President's veto. — The term signifies "I for- 
bid." The President has only a "limited" veto-power. Several of 
the leading members of the Constitutional convention, favored giv- 
ing the President "absolute" veto power. But when Dr. Franklin 
showed from the history of Pennsylvania that the governor frequent- 
ly made use of his veto-power, to extort money for his signature; 
and that the same history might be repeated in the United States 
government, the "absolute" veto-power was given up. 
5. — Orders, Kesolutions and votes. 

Every order, resolution, or vote to which 
the concurrence of the Senate and House of Eepresentatives 
MAY be necessary, (except on a question of adjournment) 
( a. ) Must be presented to the President. 
( b. ) Must be approved by him, before it shall take 
effect. 

(c.) If disapproved by him, it shall pass by a two- 
thirds majority vote, as in the case of a bill. 

This prevents Congress from legislating in 
any manner without giving the President his right to veto objection- 
able laws. 



51 



CHAPTEE XV. 



5.— PROHIBITIONS ON THE UNITED STATES. 

(a.) Habeas Corpus. — The privilege op the writ op ha- 
beas CORPUS SHALL NOT BE SUSPENDED, UNLESS WHEN PUBLIC SAPETY 
MAY DEMAND IT; AS, (1), IN CASE OP REBELLION; AND (2), IN CASE OP 
INVASION. 

1. — A "writ" is a legal instrument under seal, issued by 
tlie proper authority and directed to a public officer or private in- 
dividual, commanding liim to do, or not to do, some particular thing 
therein specified. 

2. — The "writ of habeas corpus" is one commanding a 
particular party to produce, in open court, the body of the person 
named in the writ, who, it is allegCvl, is illegally restrained of his 
liberty, (a), Excessive bail may have been required; or, (b), 
The papers on which the party was committed may be defective; or, 
(c), school children may have been wrongfully restrained of liberty 
after school hours. 

3. — The object of this writ is to prevent any individual 
from unlawfully restraining another's liberty, prior to the final judg- 
ment of a competent court. Every American citizen has the right to 
avail himself of the advantages it affords, except — (a), when the 
writ is suspended in time of insurrection, or invasion; or, (b), when 
he has been committed for contempt of court; or, (c), when the 
final judgment of a competent court has been given. 

4 — By whom suspended. 

(a.) By military officers; as during the Whiskey In- 
surrection of 1794 and 1795; also during the Burr Conspiracy of 
1806, by General Wilkinson, against the Court of New Orleans; also 
by General Jackson in 1814, against Judge Hall of New Orleans. 

(b. ) By the President when an immediate necessity de- 
mands it; as, on April 27, 1861; also May 10, 1861, (-confined to 
islands near Florida coast) by President Lincoln. 

(c. ) By Congress; as, on March 3, 1861, by an act author- 
izing President Lincoln to suspend the writ whenever, in his judg- 
ment, the public safety demanded it. 

(b. ) Direct Taxes. — No capitation tax or other direct 

TAX SHALL BE LAID UNLESS IN PROPORTION TO THE CENSUS. 

"Capitation tax" is a fixed sum per head. "Direct 



j52 

tax" means tax upon property; as, lands, houses, etc. No capitation 
tax has ever been laid. Some State constitutions positively forbid it. 
"The tax of 1798 was assessed upon lands, houses and slaves — upon 
each slave, fifty cents." A similar tax was assessed in 1813 and 1815. 
( See Resources — Art. Finances, Page 32. ) 

(c.) Export Duties. — No tax or duty shall be laid on 

ARTICLES EXPORTED FROM ANY StATE. 

Such taxes would impose unequal burdens upon 
different States. It would be impossible for any body of men to 
estimate the amount of exports, before hand, of any State; and hence 
the burden must be unequal. This would certainly create internal 
discord, thus defeating one of the objects of the Constitution: "to 
secure domestic tranquillity." 

(d.) Inter-State Commerce. 

1. — No PREFERENCE SHALL BE GIVEN BY ANY REGULATION OF 
COMMERCE OR REVENUE, TO THE PORTS OF ONE StATE OVER ANOTHER. 

— Observe that Congress may regulate inter-state commerce on one 
condition only: viz.. It shall show no preference to any State. 

2. — Nor shall vessels bound to, or from, one State, 

BE obliged to enter, CLEAR, OR PAY DUTIES IN ANOTHER. 

(a. ) "To enter" a port, is to report the ship to the proper 
officer and obtain permission to land the cargo. 

(b.) "To clear," is to obtain the necessary papers for 
sailing from the port. 

(c. ) Duties must be paid at the port of destination. If 
any State could compel vessels to enter and clear, there would be no 
end to domestic and perhaps, foreign wars, 
(e.) Public Money. 

1. — No MONEY SHALL BE DRAWN FROM THE TREASURY BUT IN 
CONSEQUENCE OF APPROPRIATIONS MADE BY LAW.— All United States 

obligations are met out of the National Treasury. But Congress is 
the sole guardian of that treasury. Hence no money can be drawn 
therefrom without their consent. Congress makes appropriations 
annually, to meet the expenses of the government. Money is issued 
by the Treasurer upon warrants drawn by the Secretary of the 
Treasury, countersigned by the First Comptroller, and recorded by 
the Kegister. 

2. — A REGULAR STATEMENT OF ACCOUNT OF THE RECEIPTS 
AND EXPENDITURES OF ALL PUBLIC MONEY SHALL BE PUBLISHED FROM 



53_ 

TIME TO TIME. 

(a.) These statements are published annually and short 
abstracts are published monthly. 

(b.) Ihe object of such publication is to prevent extrav- 
agance of the National Legislature. Congressmen are continually 
warned that the people will remedy such extravagances at the ballot 
box. 

3. — No APPROPRIATION OF MONEY TO RAISE AND SUPPORT 
ARMIES SHALL BE FOR A LONGER TERM THAN TWO YEARS. — This pro- 
hibition was designed to prevent the army from becoming a power 
too formidable to be consistent with the rights and liberties of the 
people. In this country no great inducements by way of salary, 
tempt citizens to become soldiers. Useless appropriations in that 
direction will be remedied by the people's vote. 

(f.) Titles OF NOBILITY. — "No title of nobility shall be 

GRANTED BY THE UNITED STATES." 

1. — The corner stone of our government is, that all men 
are created equal before the law. Natural inequalities: viz, physi- 
cal, moral, and intellectual, aided by favorable external circumstan- 
ces, and continued with habits formed at an early age, must ever pro- 
duce inequalities in condition. Such inequalities are natural res alts 
of the above causes ; no government dares ignore them. 

2. — Some people are born to rule; some, to obey; and both 
classes, generally, if let alone, will find their divinely appointed 
spheres. It is the business of society to crown the former and with- 
hold all titles of nobility from the latter. When nature and educa- 
tion fail to make a distinction in rank, let man keep silent, 
(g. ) Penalties. 

1. — "No BILL OF ATTAINDER SHALL BE PASSED." 

( a. ) A bill of attainder is an act of a legislative body, in- 
flicting capital punishment without granting a judicial trial. By 
such an act, a person is rendered infamous. He forfeits all his prop- 
erty to the crown. His blood is so corrupted that he can neither in- 
herit nor transmit property. 

( b. ) If the punishment is less than death, the act is call- 
ed a BILL OF PAINS and penalties. No such bills can be passed by 
congress. 

(2.) "No ex post facto law shall be passed."— Ex post 
FA€TO means "after the deexi is done." Such a law belongs to the 



54 ^ ^ 

penal and criminal code only. It makes an act criminal which was 
not so when committed; or, it inflicts a greater punishment than the 
law imposed when the crime was committed. "Where no law is, 
there is no transgression," is a declaration of infinite justice and mer- 
cy. Hence we conclude, in the absence of law, no penalty may, just- 
ly, be inflicted. If this be true, respecting the punishment entiee, 
it must be true, respecting a part; i. e., no greater punishment may 
be inflicted than that imposed by the law at the time the crime was 
committed. 

3. — "Congress shall have power to declare the punishment 
of treason, but no attainder of treason (in consequence of a judicial 
sentence) shall work, (a), corruption of blood; nor (b), forfeiture, 
except during the life of the person attainted." 

( a. ) Treason in the United States, consists of but two 
things: viz., (1), "in levying war against the United States ; or (2), in 
adhering to their enemies, (How?) giving them jiid and comfort." 

(b. ) Treason, then, is a crime against sovereignty: 
hence no treason can be committed against any particular State ; and 
hence also, no State may constitutionally aflix penalties to treason, or 
punish it. 

( c. ) An attainder of treason was a consequence of con- 
viction, which rendered it impossible for the convict, or his lineal 
heirs, to inherit, hold or transmit property. But in the United States 
no attainder shall work corruption or forfeiture except during the 
LIFE oe the person ATTAINTED. All property in his possession and all 
which would legally descend to him during his life, may be confisca- 
ted. Congress enacted in 1862, (1), that the traitor should suffer 
death, and his slaves be made free; or, at the discretion of the court, 
(2), he should be imprisoned for not less than five years, and fined 
not less than ten thousand dollars and all his slaves be made free." 
(h. ) Foreign Slave-trade. — The importation of slaves 

SHALL NOT BE PROHIBITED, 

1.— By Congress prior to 1808; nor, 

2. — By any amendment prior to that time. 

Slavery is older than civilization. Some have ar- 
gued that it is a natural form of society. They reason thus: The 
Patriarch's home was one of plenty. Poor orphans, out-cast mothers, 
and worn-out prodigals, would gather at his door and beg for shelter. 
Some would be received from motives of thrift and others under the 



65 



impulse of charity. Many of both classes would gladly remain. 
These would marry, live in contented ignorance and servility until 
the patriarch became ruler of an army of servants. 

2. — Before deciding upon the naturalness and justice of 
such a form (?) of society, observe the simplicity, the ignorance and 
weakness of the one struggling for the common comfort of life. On 
the other hand, note the cunnning, the knowledge and the power of 
the patriarch, all employed in securing wealth and influence. When- 
ever his tribe becomes strong enough, he proceeds to conquer neigh- 
boring tribes and enslaves the captives. He continues to conquer 
until the Empire is formed with slavery for the corner-stone. 

3. — One step farther and we notice the conqueror (now 
Emperor) engaged in the slave-trade. The nefarious business is 
now ESTABLISHED BY THE RULE OF MIGHT. Thousands are eagerly 
and busily engaged in carrying the helpless victims to all parts of 
the world. 

4. — Every nation of antiquity held slaves; and nearly 
all modern nations have been engaged in the vile business. Even 
the name of Christopher Columbus is tarnished with enslaving the 
the natives of our free country. 

5. — Erom the Penobscot to the Savannah, the Colonies 
had been engaged in the slave-traffic. But at the time of the Con- 
stitutional Convention, the northern colonies had become disgusted 
with the institution and sought to eradicate it. A majority in the 
Constitutional Convention were opposed to the foreign slave-trade. 
But the Carolinas and Georgia were then busily engaged in import- 
ing slaves for their rice-fields. Besides, the people westward were 
making an urgent demand for more slaves. These states under such 
circumstances, could not think of giving up the nefarious business as 
a condition of entering the Union. Their cry was: "No slave-trade, 
no Union." To satisfy the demands of these states for a time, and 
to make Union possible, the clause above was inserted in the Con- 
stitution. 

6. — It was urged against slavery, ajid therefore against 
foreign slave-trade : 

(a.) It discourages arts and manufactures, (b). It 
prevents the emigration of whites, who really enrich and strengthen 
a country, (c), It produces a most pernicious effect upon the man- 
ners of a people, (d), It rewards with political power the very 



^56 

men, who, in defiance of Immanity's most sacred laws and against 
the earnest protest of their sister Colonies, engage in the abominable 
traffic, (e), It is entirely inconsistent with the principles of the 
Revolution and dishonorable to American character, (f ), It makes 
slaves — mere property — the white man's equal in political power, 
(g), It virtually says intelligence is not essential to citizenship, as 
it places ignorance on a par with intelligence, (h), If slaves are 
men, why not let them vote? If mere property, why count them in 
a numerical representation of people? 

T.^These objections called forth an explanation of the 
negro. What is he? When the South thirsted for political power, 
he was a man and ought to be represented in congress. But when 
asked why not let him vote? Why sell him? the reply was: He is 
a species of property. Like the bat in the fable, he could play the 
part of a quadruped or biped to suit the occasion. At last the con- 
vention decided that a slave should count three-fifths of a citizen. 
But as he was property also, they decided to assess a tax of ten dol- 
lars per head upon each slave thereafter imported. The South com- 
plained not at this tax, as it cost but 80 cents per year for votes for 
political power. But the anti-slave States, good naturedly, never 
collected even that insignificant sum. 

8. — But like Oliver Twist, slavery wanted "still more" 
and would not rest contented until the "slave-catchmg clause" was 
incorporated into the Constitution. (See Art. Fugitives.) 

9. — AVe present below a summary of the action of our 
government touching slavery and the slave-trade. 

( a. ) The Constitutional Convention foredoomed slavery 
by the clause quoted above. 

(b. ) The slave-trade was prohibited to foreign coun- 
tries, March 22, 1794 

(c. ) The importation of slaves was prohibited March 
2, 1807, the law to take effect Jan. 1, 1808. 

( d. ) On May 15, 1820, foreign slave-trade was declared 
piracy, punishable with death. 

( e. ) Slavery was abolished in the District of Columbia, 
April 16, 1862, and in the Territories, June 19, 1862. 

(f.) On Sept. 22, 1862, President Lincoln issued his 
conditional emancipation proclamation. 

(g. ) On Jan. 1, 1863, the second proclamation eman- 



57 



cipating the slaves, was issued by President Lincoln. 

( h. ) By act of July % 1864, the coast- wise trade was 
forever prohibited. 

(i. ) Lastly came the Xlllth amendment proposed by 
Congress, Feb. 1, 1865, and ratified Dec. 18th of same year. (See 
XlVth and XVth Amendments, Page 20.) 
(i.) Kepudiation. 

(a.) "Claims. — ^Nothing in this constitution shall be con- 
strued so as to prejudice any claims; 

1. — Of the United States; or 
2. — Of any particular State, 
(b.) Debts and Contracts. — All debts and contracts and 
engagements entered into before the adoption of this constitution, 
shall be as valid against the United States under this constitution, as 
under the confederation." 

At the close of the Revolutionary War, immense tracts 
of territory lay within the chartered limits of several of the States. 
The boundaries of these territories were matters of grave dispute be- 
tween the States owning such tracts. But other States had sacrificed 
their time, treasure and blood to secure the independence of all : hence 
these demanded as a condition of their entering the Union, that such 
territory be ceded to the United States. The States owning such tracts, 
were reluctant to make such cessions. To make union possible and 
to hasten that union, the Constitution incorporated the clause quoted 
above, into the Constitution. This clause virtually says: All claims, 
whether of a State or the United States; and all contracts and engage- 
ments made and entered into before the adoption of the Constitution, 
shall remain precisely as they were under the Confederation, 
(c. ) Eespecting United States Debts. 

1. — "The validity of the public debt of the United States 
authorized by law, including debts incurred for payment of pensions 
and bounties for services rendered in suppressing insurrection and 
rebellion, shall not be questioned." 

2. — Congress has power to pay the debts of the United 
States and therefore to determine what those debts are. But Con- 
gress dare not repudiate those mentioned above. 

(a.) "Neither the United States nor any State shall 
assume or pay any debt or obligation incurred, 

1. — In aid of insurrection or rebellion against the 



58 

United States; or, 

2. — Any claim for the loss or emancipation of any 
slave. 

3. — All such debts, obligations, or claims, shall be 
held illegal and void. 

( b. ) For the United States to pay snch debts would 
be §elf -destruction; and tp permit any State to do so would be to 
sanction treason. To pay for emancipated slaves would be to sanc- 
tion slavery — the very iustitution she had bitterly opposed and 
condemned. She dare not assert the legality of such debts, 
(j.) Personal Freedom. 
1.— Eeligious. 

(a.) "No religious test shall ever be required as a qual- 
ification to any public office or trust under the United States. 
(b. ) Congress shall make no law, 

1. — Respecting an establishment of religion; or, 
2. — Prohibiting the free exercise thereof." 
2.— Civil. 

(a.) Congress shall make no law abridging — 
1. — The freedom of speech; nor, 
2. — The freedom of the press; nor, 
3. — The right of the people peaceably to assemble and 
petition the government for a redress of grievances. 

(b, ) The right of the people to keep and bear arms shall 
not be infringed." 

1. — Our forefathers well knew that a religion, which, 
without a single sword drawn in its defence, has marched from its 
cradle of adversity, through th?. c«)mbined opposition of Heathenism 
and Judaism; which has triumphantly met every form of persocution 
that wicked men or fiends could devise, needed not the arm of civil 
power to protect it in times of prosperity. Besides such a test would 
seat wild fanatics on the throne and exclude the most competent 
persons therefrom. 

2.-— The politico-ecclesiastical wars of England; the 
religious persecutions of the early colonies; and denominational 
greed for political power, furnish an unanswerable argument against 
the union of church and state. Congress dare not establish a 
national religion. 

3. — Religion is a personal affair between man and his 



59_ 

Creator. Personal responsibility is everywhere taught in the Bible. 
But since each individual must be judged for himself, he certainly 
should be allowed to think and act for lvin>s,«lf. 

4. — Freedom of speech and of the press led to the 
fundamental doctrine of our Eepublic: viz., The will of the peoi)le 
is law. That will is expressed by representatives of the people. 
However, if it be not satisfactorily expressed, the people reserve the 
right to make it known by means of free speech, free press and a 
free ballot. In former times the people were forbidden to speak or 
to write on certain subjects unless licensed by the government. At 
one time, even the Bible could not be printed in certain countries, 
except in a foreign tongue. So also, some governments required all 
books to be licensed before they could be printed; and would not 
permit any criticism to be made against either the rulers, or their 
officers. But in our government the people are the Sovereign and 
their representatives but servants. Now, it is not the business of 
servants to dictate what or how the master shall speak concerning 
their actions, but to do his bidding: hence the people have, very 
wdsely, reserved the right to reprove their representatives when 
iiocessary. Congress shall make no law abridging such freedom of 
speech or of the press. 

5. — But the privilege^ of being secure in our person, 
property and reputation, belongs to each member of society: hence, 
no man has a legal right to injure another's business or reputation. 
An indi^ddual's freedom is bounded by the rights of others. When- 
ever a person invades those rights, he becomes a transgressor and 
therefore amenable to law. Of these violations, we mention slander, 
libel and the publication of obscene literature. 

( a. ) Slander is any false and malicious statement 
tending to injure another's business or reputation; as, a false accu- 
sation of another's incompetency; or, of his being in failing circum- 
stances; or, of his'having committed a breach o'l public trust. Slan- 
der is not an indictable offense; but its author may be prosecuted 
for private damages, by the injured party. 

(b. ) Libel is a malicious publication either in 
script or print; or of pictures or other signs, tending to injure either 
the memory of the dead or the reputation of the living by exposing 
them to public hatred, contempt or ridicule. Slander, if printed or 
exposed to public gaze, becomes libel. This latter is an indictable 



^0 

offense and may be punished criminally. It is the worst form of 
robbery. 

"He that filches from me my good name, 
Eobs me of that which ne'er enriches him 
And makes me poor indeed." 

(c. ) Any publication tending to corrupt the public 
morals, disturb the public peace, or subvert the government, is a 
violation of the freedom of the press. The field of Authorship has 
a well-defined boundary and no one may transgress its bounds with 
impunity. 

6. — That the people should have the right to petition 
for a redress of grievances is very evident, since the sovereignty is 
lodged with them. The master, by virtue of his position, must be 
able to say what shall be done and what must be undone. However, 
owing to the comparative ignorance of the masses and the trickery of 
the politicians, the people are not so important in govermental 
affairs as theory would indicate. The safety of our republic depends 
upon educated voters and wise and virtuous legislators. 

7. — The army of a nation is its index of power. Am- 
bitious men have very frequently made use of this power to accom- 
plish their purposes. The people feared a large standing army, lest 
it should endanger their freedojQ. To protect themselves against 
foes, at home or abroad, the people reserved the right to keep and to 
bear arms. Their doctrine briefly stated is: "Since a well-regulated 
militia is necessary to the security of a free State, therefore the right 
of the people to keep and bear arms shall not be infringed." 

CHAPTER XYI. 

6.— PEOHIBITIONS RELATING TO OFFICERS. 

(a.) Ineligibility. • 

1. — Disloyal ex-officeks. — "No disloyal legislative, ex- 
ecutive, or judicial ex-officer, whether of a State, or of the United 
States, shall be appointed, 

(a.) As an elector of President and Vice-President; nor 
(b. ) As a member of either House of Congress; nor 
(c. ) As an officer of any kind, civil or military, 
1. — Under the United States; or 



61_ 

2. — Under any State, unless Congress by vote of two- 
thirds, remove such disability. 

2. — Loyal United States Officers. —"No person hold- 
ing any office of trust or profit under the United States, shall be — 
(a.) An elector of President and Vice-President; nor 
(b. ) A member of either House of Congress, during his 
continuance in that office." 

3. — Congressmen. — "No senator or representative shall 
be appointed 

(a.) An elector of President and Vice-President; nor, 
(b. ) During the time for which he was elected, be ap- 
pointed to any civil office under the United States, 

1. — Which shall have been created during such 
time; nor 

2. — The emoluments whereof shall have been in- 
creased during such time." 

1. — That a disloyal man should be forbidden to 
perform any function of government, is very evident. To permit 
such a course would be to invite self-destruction. 

2. — That no United States officer shall be appointed 
as elector of President and Vice-President, is a wise provision, for 
the following reasons: 

(a.) It serves to prevent fraud in obtaining the 
reins of government. The characters of the United States officers 
are quickly read by ambitious leaders. Ere long the cost of obtain- 
ing the Presidency would be a simple mathematical calculation. As 
it is, ambitious leaders have no time to read characters: hence in- 
triguing schemes for political power generally meet with defeat. 

(b. ) Both offices might demand his attention at 
the same time: hence if a congressman accepts any office under the 
United States, he forfeits his seat in Congress. But a person hold- 
ing any office under the United States may continue to hold it until 
he is ready to take his seat, when he must resign. 

(c. ) The people's will can be best expressed by 
electors direct from the people. It was designed by the framers of 
the Constitution, that the electors should calmly weigh the qualifica- 
tions of the candidates and vote accordingly. But partyism has set 
that happy thought aside. Electors vote as instructed by their party. 
This same reasoning will apply to congressmen, as to United States 



62 _^ 

officers. 

3. — As to the prohibition upon Congressmen filling 
newly-created offices which afford more ease or remuneration, we 
may say: A man who would resign his office in Congress for one of 
ease and luxury, is not fit to be a legislator. And a man who would 
resign his office in Congress for a more lucrative one, should be kept 
at a distance from tha Nati )aal Treasury for at least two years. 
This latter gentleman would not hesitate to create new offices with a 
view to filling them; whereas, the former would be too indolent to 
do his duty. Besides, a man wh\) has not enough respect for his 
constituents to serve them in on 3 office, would not be likely to serve 
them in another. 

(b.) Relating to FoeeiCtN Pateonage. 

No PERSON HOLDING ANY UnITED StATES OFFICE 
SHALL, WITHOUT THE CONSENT OF CONGRESS, ACCEPT ANY PRESENT, 
EMOLUMENT, OFFICE, OR TITLE, OF ANY KIND WHATEVER, FROM ANY 
KING, PRINCE, OR FOREIGN StATE. 

1. — The object of this clause is to prevent any United 
States officer from being seJiicod from the faithfaj discharge of his 
duty by a gift of any kind from a foreign prince or State. Instances 
of such bribing have been quite numerous, as history abundantly 
testifies. Our government abhors titular destinctions. (See No- 
bility.) 

2. — Now if Congress dare not confer titles of nobility 
upon citizens of the United States, surely foreign governments may 
not. A United States officer may accept such gifts — (a), With the 
consent of Congress; or (2), On behalf of the government. In this 
latter case the gifts are placed in the archives of the nation. 
(c.) Relating to the Prj:sident's Salary. 

1. — The President's Salary shall neither be increased 
nor diminished during the period for which he shall have been 

ELECTED. 

2. — He" shall not receive within that period any 

OTHER EMOLUMENT FROM THE UNITED StATES, NOR FROM ANY StATE. 

The object of these prohibitions is to remove from 
the Executive all inducements to aid Congress in corrupt legislation, 
whether it be fear of losing a portion of his salary, or the hope of 
gain. Congress cannot diminish the President's salary, neither can 
he accept bribes. Thus the two great avenues to corrupt legislation 



63 



are virtually closed by these prohibitions; and the President is per- 
fectly free to put a check to hasty legislation by interposing his veto. 
( d. ) Impeachment. 

1. — "The President, Vice-President, and all civil officers, 
shall be removed from office on impeachment for, and conviction of 
treason, bribery or other high crimes and misdemeanors. 

2. — Judgment in cases of impeachment shall not extend 
further than, 

(a.) Removal from office; and 

( b. ) Disqualification to hold and enjoy any office of 
honor, trust or profit under the United States. 

3. - The party convicted shall nevertheless be liable and 
subject to indictment, trial, judgment, and punishment according to 
law. 

1. — Who may be impeached? 

The answer is: The President, Vice-President, 
and all civil officers. But who are civil officers of the United 
States? Congressmen are not. Proof: .(a) "No United States 
officer shall be a member of either house of Congress." (b) "The 
President shall commission all United States officers." But he does 
not commission congressmen. Therefore they are not United States 
officers. The Constitution (XlVth amendment) emyjhatically dis- 
tinguishes between a civil officer and a member of Congress; also 
between a civil officer and a military officer. A civil officer is one 
not belonging to the military power. All civil officers may be im- 
peached. Whether any one else may be or not, the Constitution does 
not state. 

2. — Senator Blount was impeached by Congress, 1797. 
It was decided by a vote of 14 to 11, that Congress had no jurisdic- 
tion over the case. We present, below, three probable reasons for 
this decision: 

(a.) The offense for which he was impeached, was 
committed while he was not a United States officer. 

(b. ) The Senate had expelled him before articles of 
impeachment were preferred. 

(c. ) He was not, at the time of impeachment, a civil 
officer of the United States. Their decision is supposed to have 
been based upon this latter fact. 

3. — There have been six other cases of impeachment in 



_64 

the United States. Of these we mention : 

(a.) Judge Pickering of the District Court of N. H., 
for irregularities on the bench and gross intemperance. Convicted 
and removed from office. 

(b. ) Judge Humphries of the District Court of Tenn., 
1862, for treason, for acting as Judge of a Confederate Court, etc. 
He was convicted, removed from office and disqualified to hold office. 

(c.) Secretary Belknap, 1876, for bribery in receiving 
money for an appointment to the post of trader at Fort Sill. The 
Secretary resigned before the House took action. The question of 
jurisdiction was raised, but the Senate decided they had jurisdiction. 
He was acquitted, thirty-seven voting "guilty" to twenty-five "not 
guilty." (See House, Page 18; also Senate, Page 23. ) 

CHAPTEE XVII. 

7.— RIGHTS OF STATES. 

( a. ) Representation. 

1. — In the House. — Each State shall have at least 
one representative. 

2.— In the Senate. — No amendment shall be made to 
THE Constitution, depriving any State, without its consent, of 

ITS EQUAL SUFFRAGE IN THE SENATE. 

1. —The general rule for apportionment, at first, was, 
"The number of representatives shall not exceed one for every thirty 
thousand." But the framers of the Constitution foresaw that Con- 
gress, by this ratio of apportionment, would, in time, become too 
large for practical purposes: hence Congress fixes the ratio of ap- 
portionment at the beginning of each decade, less, as the population 
INCREASES. But, by this plan, some small States, or new States, 
might not have a sufficient population to get a representative: hence 
the provision: "Each State shall have at least one representative." 

2. — The smaller States in the Constitutional Convention, 
submitted to a representation according to population in the House, 
upon the express condition that they should be equally represented 
in the Senate. To secure them for all time in this coveted right, the 
above clause was placed in the Constitution. 

(b.) Rights OF Citizens. — The citizens of each State 

SHALL BE ENTITLED TO ALL THE PRIVILEGES AND IMMUNITIES OF CIT- 



65_ 

IZENS OF THE SEVERAL StATES. 

1. — Who is meant by the term "citizen" in this clause? 
Citizenship was not restricted to the white population, as the folloAv- 
ing facts will show: 

( a. ) At the time of the adoption of the Articles of Con- 
federation, all free, native-born inhabitants of the States of N. H., 
Mass., N. Y., N. J., and N. C, though descended from African slaves, 
were citizens of those States; and such as possessed the other neces- 
sary qualifications, could vote on equal terms with other citizens. 

(b. ) When the Articles of Confederation were under 
discussion, a motion was made to insert the word "white" between 
''free" and "inhabitants," in the following clause: "The free inhab- 
itants of each of these States — paupers, vagabonds, and fugitives 
from justice excepted — shall be entitled to all the privileges and 
immunities of free citizens in the several States." Only two States 
voted for, and eight against this motion. 

2. — Of the "privileges" and "immunities" here referred 
to, we mention the following in substance from the Civil Rights Bill: 
"To make and enforce contracts, to sue, be parties, and give evidence; 
to inherit, purchase, lease, sell, hold and convey real and personal 
property; and to full and equal benefit of all laws and proceedings 
for the security of person and property." 

3. — "All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of the United 
States and of the State wherein they reside. 

4 — No State shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the United 
States ; 

5. — Nor shall any State deprive any person of life, liberty, 
or property, without due process of law; 

6. — Nor deny to any person within its jurisdiction, the 
equal protection of the laws. 

(c. ) State Amity.— Full faith and credit shall be given 
IN EACH State, to the public acts, records, and judicial proceed- 
ings OF every other State. 

1. — "Full faith and credit" means the credit which any 
State may give to its own acts, etc., when proven. 

2. — The "public acts" are the enacted laws of a State. 

3. — "Records" are the registration of deeds, wills, legis- 



_66 

lative journals, etc. 

4. — "Judicial Proceedings" are the proceedings, judg- 
ments, and orders of courts. 

5. — By act of Congress 1790, "legislative acts" must be 
authenticated by the seal of the legislature of a State. The "records 
of a court" must be prpved by the attestation of the clerk, and the 
seal of the court, with the certificate of the judge. When so attested, 
they shall have full faith and credit in every State in the Union, 
(d.) New States Feom Old Ones. 

1. — No NEW State shall be formed or erected within 

THE JURISDICTION OF ANY OTHER StATE; 

2. — Nor shall any State be formed by the junction of 

TWO OR MORE StATES, OR PARTS OF StATES, WITHOUT THE CONSENT OF 
THE LEGISLATURES OF THE STATES CONCERNED. 

1. — The larger States wished to remain entire for the 
following reasons: 

(a.) The expenses per capita, for the erection of 
suitable public buildings and for the purposes of government, are 
far less in large .States than in small ones. 

(b. ) The erection of a nev/ State within another, might 
throw the public debt of the whole, upon a part of that State ; or, it 
might give to a part, the common property of the whole State. 

( c. ) The interests of a State are various. Different 
sections perform different functions in harmony with each other: 
hence the dismemberment of a State without the consent of its leg- 
islature, is as revolting as the dismemberment of the natural body 
without the consent of its head. No new State has been formed 
within the jurisdiction of another; but one has been formed by dis- 
memberment. 

Virginia having passed the Ordinance of Secession, 
the western counties (W. Va. ) held a convejition at Wheeling, May 
11, 1861, and on the 17th, unanimously deposed, the then State offi- 
cers; and afterwards organized a State government. Yii-ginia then 
had two legislatures and each claimed to be the government. Con- 
gress recognized the L^.gislature of W^est Yirginia, as the rightful, 
because the loyal legislative body ; and by the consent and request 
of I^Vest Virginia, Congress admitted her into the Union, June 19, 
1863. 

2.— The smaller States feared that a junction of States 



might take place without the consent of the States concerned; and 
hence sought to prevent it for the following reasons : 

( a. ) They had secured a decided advantage, in the 
Senate, of the larger States, and they determined to hold it. 

(b.) They had erected public buildings where they 
saw proper and foresaw that a junction of States would necessarily 
change the seat of government and cause great loss of property. 

(c. ) The office-holders of the smaller States, feared 
that great political changes detrimental to their best interests, might 
be involved in such union of States. The above clauses were placed 
in the Constitution to quiet the fears both of the larger and of the 
sinaller States. 

(e.) Election for Congressmen.— The times, places, and 

MANNER OF HOLDING ELECTIONS FOR SENATORS AND REPRESENTATIVES 
SHALL BE PRESCRIBED IN EACH StATE BY THE LEGISLATURE THEREOF; 

BUT Congress may, at any ti3ie, by law, make or alter such regu- 
lations—except AS TO THE PLACES OF CHOOSING SENATORS. 

1. — The legislatures of the several States shall prescribe 
the times, places, and manner of choosing congressmen; but should 
they fail to do so. Congress may exercise entire control over such 
elections, except as to the place of choosing Senators. Why? 

%■ — From 1787-1842, representatives, in many States, were 
elected by general tickets. By act of Congress, J une 25, 1842, it was 
provided that representatives should be elected by districts. On 
July 25, 1866, an act was passed to regulate the mode of choosing 
Senators. ( See Senate. ) On Feb. 28, 1871, it was enacted that all 
votes for representatives should be by written or printed ballots, 
any State to the contrary notwithstanding. On Feb. 2, 1872, Con- 
gress fixed the date for the election of representatives, ( See House. ) 
(f. ) Militia Officers. 

1. — The appointment of the militia officers, is re- 
served TO THE States respectively; 

2. — Also the training of the militia, according to the 
MODE prescribed BY CONGRESS. — The States may appoint the militia 
officers; these must train the militia; but that training must be ac- 
cording to the mode prescribed by Congress. ( See Powers of Con- 
gress, Art. War. ) 

(g.) National Protection. 

1. — The United States shall guarantee to every 



_68 

State in this Union, a kepublican form of government; 

2.— And shall protect each State against invasion; 

3. — And against domestic violence; 

(a.) On application of the legislature of the State; 

OR 

(b.) On application of the Governor (when the 
legislature cannot be convened. ) 

1. — By a "republican form of government" is meant 
a government of public opinion: one in which the sovereign will of 
the people is expressed by representatives who hold their offices 
"during pleasure, for a limited period, or, during good behavior." 
The government of the United States is the model for State govern- 
ments. But the Constitution plainly declares, (a), that United 
States Senators must be chosen by State legislatures; (b), that rep- 
resentatives must be chosen by the electors of the most numerous 
branch of the State legislatures; (c), that judges of State, must take 
an oath to support the Constitution of the United States; and (d), 
besides, it frequently refers to the State Executive : hence a State 
must have the three great departments of government: viz., legisla- 
tive, executive and judicial. 

2. — This is the only duty enjoined by the Constitu- 
tion upon the United States; and yet the particular department 
which shall make that guarantee, is not named. But the Supreme 
Court has decided that Congress must make that guarantee. 
"Each house of Congress shall be the judge of the qualifications of 
its own members." Congress, then, has the sole power to admit new 
members into that body. But in so doing, it recognizes the right of 
a State to be represented in Congress. Now the right to such repre- 
sentation belongs only to States having a "republican" form of gov- 
ernment. Hence in recognizing the right of a State to representa- 
tion in Congress, that body must first determine that the State gov- 
ernment is republican in form. During the Period of Beconstruc- 
tion. Congress claimed the prerogative of making the following de- 
mands of the Confederate States; as conditions of their representa^ 
tion m Congress: 

(a.) They must establish State governments repub- 
lican in form. 

(b. ) They must, as a protection to the Union men of 
the South, and as a guarantee against the repetition of another war, 



69 

adopt the XIYth amendment to the Constitution. By determining 
the conditions of representation in Congress, that body guarantees 
to each State a republican form of government. 

3. — No State has the right to d^eclare war; nor to en- 
gage in war except in case of imminent danger. For the surrender 
of these rights, the Federal Union must pledge itself to defend the 
States. A body which will not protect its members from injuries, 
will soon have no members to protect. 

4 — Whenever insurrections threaten the overthrow 

of the State governments, the President must, if requested, (see text) 

call forth Federal troops to crush out insurrection, since the United 

States must guarantee to each State a republican form of government. 

(h) Fugitives. 

1. — From Justice. — "A person charged in any State^ with 
treason, felony, or other crimes, who shall flee from justice and be 
found in another State, shall on the demand of the executive author- 
ity of the State from which he fled, be delivered up to be removed to 
the State having jurisdiction of the crime." 

2. — From Bondage. — "No person held to service or labor 
in one State under the laws thereof, escaping into another, shall in 
consequence of any law or regulation therein, be discharged from 
such service or labor; but shall be delivered up, on claim of the 
party to whom such service or labor may be due." 

Prior to 1793, the State A, had no authority beyond 
the limits of A: hence a criminal escaping from A into B could not 
be arrested by A; neither could he be punished by B for offenses 
committed within the limits of A. Now B had no right to become 
an asylum for A's criminals; yet A could not compel B to deliver up 
fugitives from justice: hence Congress, on Feb. 12, 1793, enacted a 
law providing for the arrest and punishment of fugitives from jus- 
tice. To secure such a fugitive the following steps must be taken: — 

( a. ) The executive of A demands of the executive of 
B, the return of the criminal. 

( b. ) The executive of A accompanies this demand 
with a copy of the indictment against the criminal; or 

( c. ) By an affidavit charging the fugitive with the 
crime and having fled from justice. 

(d.) This copy, or affidavit must be certified by the of- 
ficer making the demand, to be authentic. 



( e. ) Then the executive of B must cause the accused 
to be arrested and secured at A's expense. 

(f.) He then gives notice of the arrest to the executive 
of A or her agent. 

(g.) The fugitive is then delivered over for trial to the 
authorities of A. 

2. — Mr, Iredell of the N. C. ratification convention, ex- 
plained the above clause as follows: — "In some Northern States they 
have emancipated all their slaves. If our slaves go there and re- 
main there for a time, they would, by the present laws, be entitled to 
their freedom, so that their masters could not get them again. To 
prevent it [the loss of fugitive-slaves] this clause is inserted in the 
Constitution. Though the word slave is not mentioned, that is the 
meaning of it [the clause]. The Northern delegates did not choose 
the word slave to be mentioned [in the Constitution]." 

3. — The act of Feb. 12, 1793 was passed to carry into ef- 
fect the above clauses. This act was amended 1850, and made more 
objectionable to the North. In securing fugitives under this act we 
notice : — 

(a.) The right of trial by jury was denied to the al- 
LEGEI) slaves. 

(b.) The commissioners before whom such persons 
were taken, receive ten dollars for each slave returned and only five 
dollars if not returned to the claimant.. 

( c. ) The commissioners could order any citizen to as- 
sist in returning fugitives; and any person hindering such return 
could be fined 11,000 and be imprisoned six months, and, in addition 
to this he might forfeit $1,000 to the claimant. All acts relating to 
fugitive-slaves were abolished June 20, 1864. 
(i. ) Eeseevations. 

1. — The powers not delegated to the United States 
BY the Constitution, noe prohibited by it to the States, are 
reserved to the States respectively, or to the people. 

2. — The enumeration in the Constitution of certain 

RIGHTS, shall NOT BE CONSTRUl^D TO DENY OR DISPARAGE OTHERS RE- 
TAINED BY THE PEOPLE, 

1. — The source of power is the people." The people are 
subject to two governments: (a.) a general government by the United 
States; and(b. ) a local, or State government. The people have dele- 



7]_ 

gated certain powers to the United States. These are limited be- 
ing enumerated, or expressly implied in the Constitution. 

2. — As an example of express and implied powers we 
mention the folloAving: "The United States shall guarantee to each 
State in this Union a republican form of government." Here it is 
necessarily implied that Congress shall make use of such means as 
will make that guarantee good. 

3. — The people of the respective States delegated cer- 
tain powers to the State goyernments. All powers not delegated by 
the Constitution, or the State Constitutions, are reserved to the peo- 
ple of the States respectively. 

4 — While all the rights or powers of the two govern- 
ments are enumerated or necessarily implied in their respective 
Constitutions^all others belong to the people : hence "the enumera- 
tion of certaifi rights shall not be construed to deny or disparage 
others retained by the people." 



CHAPTEE XVIII. 

a— STATE SUBOBDINATION. 

(a. ) Origin or State Obligations. 

1.— Constitution. — The ratification of the conventions 
of nine States, shall be sufficient for the establishment of this con- 
stitution between the States so ratifying it. 

2. — Amendments. — Ihe Congi-ess, whenever two-thirds of 
both houses shall deem it necessary, shall propose amendments to 
this Constitution; or, on the application of the legislatures of two- 
thirds of the several States, shall call a convention for proposing 
amendments, which, in either case, shall be valid to all intents and 
purposes as a part of this Constitution — 

(a.) When ratified by the legislatures of three-fourths 
of the several States ; or 

(b.) By conventions in three-fourths thereof — as the 
one or the other rqode of ratification may be proposed by the Con- 
gress. 

1. — Each State was a sovereign State. But sovereignty 
resided in the people of the States: hence when the people ratified 
the Constitution, they delegated sovereignty to the General Govern- 



_72 ^ ^ 

ment. By that act the people subordinated State authority to Na- 
tional authority. Proof: "This Constitution, etc., shall be the su- 
PBEME law of the land." 

2. — As respects amendments we notice: 

(a.) The Constitution provides for the ratification of 
amendments. 

'' (b.) The people assented before^hand to the validity 
of amendments when ratified, as a part of the Constitution: heuQe 
the binding power is precisely the same as that of the original docu- 
ment. ( See express powers of Congress Art. xiv. ) 

3. — Queries: (a.) Is the President's approval necessa- 
ry in proposing amendments? No. (1) Supreme Court so decided 
in 1794. (2) Congress never regarded it necessary. 

(b.) Can a State withdraw its ratification of an 
amendment? Na (1) N. Y. ratified the Xlllth amendment and 
afterwards rejected it; also (2) Ohio and N. J. ratified the XlVth 
amendment and afterwards rejected it. Congress paid no attention 
to their rejections. 

(c.) During a rebellion is the ratification by three- 
fourths of the loyal States sufficient? Yes. A State disloyal to the 
government, has no right to legislate. 

(d.) Why were the later amendments submitted to the 
Confederate States for ratification ? To secure a pledge of protection 
to the union men of the South and to exact a guarantee against the 
repetition of another war, as conditions of their representation in 
Congress* (See Art. on representation.) 

(e.) What would have been the political status of E. 
I. had she permanently refused to ratify the Constitution* Most 
likely that of a Territory under the Union, Eeasons: (1) In July 
of 1789 Congress imposed a tonnage of fifty cents on all foreign 
ships. By request of K. I., this was suspended as to her ships, for a 
time. (2) On May, 1790, Congress passed a bidl prohibiting all 
commercial intercourse with R. I. and demanded of her a sum of 
money to pay her proportion of the expenses of the Revolution. (3) 
She was a component part of the United States, 
(b.) National Supremacy. 
1. — "This Constitution and, 

2. — All laws of the United States which shall be made in 
pursuance thereof, and, 



3. — All treaties which shall be made under the authority 
of tke United States — shall be the supreme law of the land. 

4.^The judges in every State shall be bound thereby, any- 
thing in the constitution or laws of any State to the contrary, not- 
withstanding." 

Observe: (1) That the Constitution of the "United 
States is "the fundamental law," but only a pabt of tke supreme 
law of the land. (2) That onl^ such part of the United States 
laws as are passed in pursuance of the Constitution, compose the 
second division of the supreme law of the land. (3) That treaties 
authorized by the United States constitute the third division of the 
supreme law. Treaties are not solemn contracts merely, but laws 
governing the parties thereto. (4) The judges of every State must 
be bound to render decision in accordance with the Constitution, at 
all times, any State constitution, or State law to the contrary, not 
preventing or setting aside. The national law is supreme, 
(c.) Official Oath. 

1.— The members of the sevebal State Legislatubes, 

AND — 

2. — All executive officebs of the States, and — 

3.— All the judicial officebs of the States— shall be 

BOUND by oath OB AFFIBMATION TO SUPPOBT THIS CONSTITUTION. — 

A supreme law of the land is a necessity. (See preamble.) But to 
exist in practice, all the officers of State governments must support 
it: hence menjbefs of legislatures are forbidden to enact laws con- 
trary thereto; judicial officers, to render decisions opposed thereto; 
and executive officers to enforce laws not made in harmony therewith. 
These State officers influence the general government in other ways. 
The legislatures elect the Senators; the executive, sometimes, is 
called upon to appoint Senators to fill vacancies; (See Senate) and 
the judicial to decide upon the constitutionality of laws and the 
rights and claims growing out of them. 



CHAPTEK XIX. 

9.— PKOHIBITIONS ON STATES; as to, 
(a.) Treaties, Alliances and Confedebations. 

1. — No State shall enteb into any tbeaty, alliance, 



OE CONFEDEBATION. (2) No StATE SHA]aL, WITHOUT THE CONSENT OF 

Congress, entee any ageeement, oe compact with anothee State, 
oe, with a foeeign powee. 

1. — Treaties form a part of National law: hence should 
be made by National authority. (2) They involve National interests: 
hence should express the Nation's will. (3) Such alliances, treaties, 
etc., if favorable to a few States only, must create State jealousies; 
but if favorable to the foreign power, then all must suffer m conse- 
quence of the action of a few. Endless domestic discord would be 
the result. (4) The exercise of the above powers by States, would 
defeat the chief objects of the General Government: viz, a "more 
perfect union," "domestic tranquillity," "common defense" and "the 
general welfare." 

(b.) COMMEECE. 

1. — No State shall coin money; 
2. — Emit bills of ceedit; 

3.— Make anything but gold and silvee a tender in 
payment of debts; noe 

4 — Pass any law impaieing the obligation of con- 

TEACTS. 

1. — The reasons for vesting this power in Congress are 
reasons why States should not coin money. (See Powers of Con- 
gress Art. Commerce). 

2. — It was a commercial and a social necessity to pro- 
hibit States from coining money. How much greater the necessity 
to prohibit States from emitting "bills of credit" which are not mon- 
ey but only promises to pay money. This prohibition does not pre- 
vent the United States from emitting "bills of credit" in the form of 
Treasury notes. 

3. — All silver and gold currency of the United States is 
made by Congress. No State can make anything but this coin a 
legal tender in payment of debts. The objects of the above prohi- 
bition are (a), to establish a uniformity of currency as a basis of 
commercial transactions; and (b), to protect the sacredness of private 
contracts, by setting aside all laws which had hitherto disregarded 
the obligations contained in such contracts. (See Preamble.) 

4 — Such laws (bankrupt laws) were deemed proper, 
(a), to secure to creditors an appropriation of the bankrupt's prop- 
erty; and (b), to discharge the bankrupt from all past obligations to 



his creditors and secure to him all his future earnings, on the con- 
dition of his giving up all his property to his creditors. "But no 
State could release a debtor from debts to a creditor living out of 
the State, nor from debts contracted out of the State." Besides, 
some States had no bankrupt laws, while such laws in other States 
conflicted. Hence these matters could only be regulated by vesting 
in Congress the power to pass uniform bankrupt laws. No such law 
now exists. 

5. — Contract. — A contract is an agreement (a), between 
competent parti'^.s, (b), based on a sufficient consideration, (c), in 
which each promises to perform some particular thing (d), possible 
to be done, and (e), not enjoined or (f ), prohibited by law. Or this 
definition may be stated thus; 

(a.) Competency. — "Parties must be of proper age, 
sound mind, not under duress, etc." 

(b. ) Consideration.— Money, moral or legal obligation, 
or a promise. 

(c. ) Possibility.^ — The obligation to be -performed 
must be possible to be done. 

(d. ) Legality. — The obligation to be performed must 
not be already enjoined by law. 

(e. ) Illegality. — The obligation must not be prohibited 
by law. 

(c.) War. 

1. — "No State shall grant letter's of "marque" and "reprisal." 
2.— No State shall, without the consent of Congress, keep 
troops or ships-of-war in time of peace; nor 

3. — Engage in war, unless (a), actually invaded; or (b), 
in such imminent danger as will admit of no delay." 

1. — For definition of terms "marque" and "reprisal" see 
Ai't. War, page 38. War is a National evil: hence should be under 
the exclusive control of National authority; and hence no State 
should be permitted to grant letters of "marque" and "reprisal" lest 
she might involve the w^hole nation in war. 

2. — The objects of this prohibition are (a), to prevent 
State jealousies; (b), to avoid exciting the hostilities of foreign 
powers. 

3. — A State may engage in war without the consent of 
Congress only, (a), when actually invaded; and (b), when in such 



imminent danger as admits of no delay, 
(d.) Unjust Penalties. 

1. — No State shall pass any "bill of attaindee;" noe 
2. — Any "ex post facto law." 

Comments : — For definition of terms, "bill of attain- 
der," "bill of pains," and "ex post facto law," see page 53. The Con- 
stitution prohibits the United States from passing such laws. Surely^ 
then, States should not be permitted to pass them. 

(e.) Titles of Nobility. — No State shall geant any 
title of nobility. ( See page 53. ) 

(f.) Duties, Imposts AND Tonnage. 

1. — No State shall, without the consent of Congeess, 
(a.) "Lay any "duty of tonnage;" nor 
(b. ) Any "imposts" or duties on imports or exports— ex- 
cept what may be absolutely necessary for executing the "inspection 
laws." 

2. — And the net produce of all duties and imposts laid by 
any State on imports and exports, shall be for the use of the treasu- 
ry of the United States. 

1. — Tonnage. — Duties of tonnage are duties on ships, 
estimated according to their capacity expressed in tons of forty-two 
cubic feet. Such duties should be uniform. To be uniform they 
must be laid by one power: hence this prohibition on States. 

2. — Imposts. — This term would cover both export and 
import duties; but in our government no export duties are allowed. 
Export duties could not be equally distributed since different States 
represent different staple products. Moreover the representatives of 
one interest might combine to impose heavy taxes on others and 
light ones on their own: hence the prohibition as to export duties. 
As to impost duties, the prohibition is made to maintain uniformity. 
3. — Inspection Laws. — The object of these laws is to 
secure a certain standard of excellence in the articles to be purchas- 
ed or sold. An officer must be appointed to examine copamodities 
and to certify as to their quality by stamping or branding the cask, 
or package. States may lay a tax on imports and exports to pay for 
the execution of their inspection laws. The net produce arising 
from such tax shall be for the use of the National Treasury. 

(g.) Slaveey. — "Neither slavery nor involuntary servitude, 
except as a punishment for crime whereof the party shall have been 



daily convicted, shall exist, 

1. — Within the limits of the United States; nor 
2. — In any place subject to their jurisdiction," 
L— Slaveby.— (See Art. YIIL, p— ) 
2. — Inyoluntary Servitude. — Afi-er the emancipation 
of the slaves, several of the Southern States passed laws, compelling 
all persons engaged as laborers in agricultural pursuits to make 
contracts, during the first ten days of January, for the ensuing year. 
In case of failure to contract, the civil authorities were authorized to 
arrest and hire out such parties. If such laborer dared to leave his 
employee, ho could be apprehended and forced to labor upon public 
works, without compensation. The object of this prohibition was to 
prevent the re-establishment of slavery under another form. 

CHAPTEE XX. 

10.— PEESONAL EIGHTS. 
(a.) Home. 

1. — no soldier shall, in time oe peace, be quartered 
in any house without the consent of its owner; nor 

2. — In time of war, but in a manner to be prescribed 

BY LAW. 

1. — In Peace. — The Creator instituted home and hal- 
lowed its associations. Man has ever regarded it as the most sa- 
cred spot on earth. If there be a realm in which the laws of God 
and man unite to crown an individual king — that realm is home. 
But sacred as it is, arbitrary rulers even in time of peace, have vio- 
lated its sanctity in the manner above forbidden: hence the above 
prohibition. 

2. — In War. — It sometimes becomes necessary, in order 
to protect particular localities and districts, or perhaps individual 
buildings, that troops shall thus be temporarily quartered. But 
even then, the owner's private right may not be abused, since it 
must be done in the manner prescribed by law. 
(b.) Personal Security, 

1. — The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches and seiz- 
ures, shall not be violated; and 

2. — No warrants shall issue but upon probable cause, sup- 



ported by oath or affirmation, and particularly describing — 

(a.) The place to be searched; and 

(b. ) The persons or things to be seized." 

Searches and seizures are authorized only by search 
WARRANTS. These must be specific; i. e., they must specify partic- 
ularly the "place" to be searched and the "persons and things" to be 
seized. They must be supported b}^ "oath or affirmation." If this 
oath or affirmation is false, the party making such oath may be con- 
victed of perjury. 

(c.) Judicial. 

1. — "No person shall be held to answer for a capital or 
otherwise infamous crime, unless on a presentment, or indictment of 
a grand jury, except in cases arising, 

(a.) In land and naval forces; or, 

(b. ) In the militia, 

(c. ) When in actual service in time of war or public 
danger; 

2. — Nor shall any person be subject for the same offense, 
to be twice put in jeopardy of life or limb; 

3.— Nor be deprived of life, liberty, or property, without 
due process of law; 

4. — Nor shall private property be taken for public use 
without just compensation." 

1. — ^A "capital crime" subjects the criminal to the pen- 
alty of death. An "inf^^mous crime" is one that causes a criminal to 
be abhored and detested by mankind; also subjects him to ignomin- 
ious punishment. A grand jury is a body of citizens (usually tw*enty- 
three) appointed by a court to ascertain what crimes have been com- 
mitted in their county or district. An "accusation" of crime is either 
preferred to the grand jury by citizens; or, made by that body from 
their own personal knowledge or observation, to the court having 
jurisdiction. In this latler case it is called a "presentment." The 
proceedings of this jul^ are usually secret. The prosecuting attorney 
represents the people. Only witnesses against the accused are ex- 
amined. If this jury, after hearing the evidence, think the accused 
should be broi^ght to trial, the prosecuting attorney reduces the 
accusation to a legal form. This instrument is then endorsed by 
the foreman as A True Bill. It is now an "indictment" to be pre- 
ferred to the court under whose jurisdiction the jury is acting. 



2. — The objects of this system, are: (a) to bring the 
greatest possible number of criminals to justice; and (b) to protect 
private representation by forbidding an innocent person to be tried 
for a capital, or an infamous crime. Query: Could not justice be 
maintained full as well and at less expense to the State, and private 
reputation even better, by means of a preliminary court in which 
the prosecuting witness must confront the accused ? 

3. — In time of war or public danger, cases of crime 
arising in land and naval forces and all others under martial author- 
ity, are punished according to military commission, without the in- 
tervention of a jury. 

4. — If a verdict, whether for or against the criminal, 
has been given, he cannot be subjected to a second trial unless at 
his request, and for a legal cause. In that case the former trial is 
considered a mis-trial, or no trial. But if the jury (petit, consisting 
of twelve men) fail to agree, the second trial is but the continuation 
of the trial. 

5. — Absolute monarchies have the right of eminent 
domain; i. e., to take private property with or without compensation. 
But our government recognizes the natural and inalienable rights of 
private citizens to life, to liberty, and to property; and pledges her 
honor to protect them in those rights. However, if the public good 
require it, private property may be taken by rendering a just com- 
jjensation which is determined according to law. 
(d.) Civil Action. 

1. — "In suits at "commerce law," where the value of the 
controversy shall exceed twenty dollars, the right of trial by jury 
shall be preserved; and 

2. — No FACT tried by a jury shall be otherwise re-examin- 
ed in any court of the United States, than "according to the rules of 
the common law." 

1. — "Common Law consists of those rules of action 
which have become binding from long usage and established custom." 
"It is the law in all particulars (save in La.) wherein the legisla- 
tures have not changed it." — Young. "Common law is a rule of 
action founded on long usage and the decisions of the courts of jus- 
tice." — Webster. The basis of our common law is the common law 
of England, the immemorial customs of the country. Those princi- 
ples, usages, and customs were adopted by our English ancestry and 



80 

liave, from time to time, received the sanctign of the courts of jus- 
tice. A STATUTE law is a law enacted by a legislature. These may 
modify or even set aside the common law; or may relate to points 
not touched by the common law. 

2. — The "Eules of Common Law" recognize but two 
modes of re-examining a fact tried by a jury: (a) by granting a new 
trial on cause shown, by the court before which the issue was tried; 
and (b) by a writ of error. An appeal may be taken; but it is a 
process of civil-law origin, and not of common law. It removes the 
suit entirely, and subjects both the fact and the law to a review. 
The phrase "Court of the United States" means court of equity, ad- 
miralty, and maratime jurisprudence. 
(e.) Criminal Actions. 

In all criminal prosecutions the accused shall enjoy ,the 
right,. 

1. — Trial by Jury. — (a) To a speedy and public trial, 

(b. ) By an impartial jury of the State and district 
wherein the crime shall have been committed. 

( c. ) Which district shall have been previously ascer- 
tained by law; 

2. — Accusation. — To be informed of the nature and cause 
of the accusation; 

3. — Witness. — (a) To be confronted with the witness 
against him; 

(b. ) To have compulsory process of obtaining witnesses 
in his favor; 

(c. ) Nor shall he be compelled to be a witness against 
himself. 

4. — Council.— And to have the assistance of counsel for 
his defense. 

5. — Bail. — Excessive bail shall not be required, 

6. — Fines. — Nor excessive fines imposed, 

7. — Punishments.— Nor cruel and unusual punishments 
inflicted." 

1.— Trial by Jury. 

(a.) Must be Speedy; (1) That important witnesses 
may be readily obtained; and (2) That the accused, in case he can 
not give bail, may not be subjected to unnecessary imprisonment. 

( b. ) Must be Public : ( 1. ) To insure fairness and im- 



81 

partiality in the trial; (2) To portray the innocence or guilt of the 
accused, to the whole people; and (3) To warn those in danger of 
becoming criminals. 

(c.) Jury.— Must not be composed of minors; (2) 
Must be impartial; i. e., undecided as to the innocence or guilt of 
the accused; (3) Must not be closely related to the accused; (4) 
Must be of the same State and district (a) wherein the crime shall 
have been committed and (b) which shall have been previously de- 
termined by law; and (5) Must consist of twelve men in the higher 
courts; in the justice's, six. 

2.— Accusation.— The accused shall be informed of the 
nature and cause of the accusation. These are specified in the in- 
dictment which must mention the time, place, nature, and circum- 
stances of the offense, with great clearness, so that the accused may 
be thoroughly prejjared to make his defense. 

3. — Witnesses.— (a) The opposing witnesses must 
confront the accused. The object of this provision is to check cor- 
rupt witnesses in giving false testimony. 

(b. ) Several centuries since, in England, witnesses in 
favor of the accused were forbidden to testify. Afterward, they were 
permitted to testify, but not under oath. At present, however, the 
accused is generally allowed to make as complete a defense as is in 
his power. But under our government, the accused, if destitute of 
means for procuring a witness, "may have compulsory process for 
obtaining witnesses," even at the expense of the government. 

(c. ) In some countries, criminals are compelled to 
testify against themselves; also are tortured to procure a confession 
of guilt, as if the power to endure suffering is a true test of inno- 
cence. Under our government, no criminal is compelled to testify 
against himself. 

4. — Counsel.— By counsel is meant a professional law- 
yer. Not, until 1836, were criminals allowed to be defended by 
counsel in England, except in cases of treason. But under our con- 
stitution (and most State constitutions) the criminal "shall have 
counsel." If he is unable to employ counsel from want of means, 
the court assigns him counsel at the expense of the public. 

5. — Bail.— This is the security given for the release of 
a prisoner from the custod}^ of an officer, previous to trial. It is ])eT- 
missible and therefore should be reasonable. This provision guards 



82 ^ ■ ^ 

against tyranny by magistrates and unnecessary punishment of the 
criminal. 

6. — Fines. — Fines are pecuniary penalties imposed by a 
court for criminal offenses or violation of law. They should be 
graduated according to the offense. The object of fines is not to 
crush the criminal nor to satisfy the vindictive hatred of magis- 
trates: hence this prohibition. 

7. — Punishment.— The object of punishment is not to 
satisfy a deadly hate but to prevent wrong-doing. This object is 
best attained by administering punishment with firmness combined 
with sympathy. Cruel and unusual punishm«^nts designated to tor- 
ture, are relics of barbarism : hence are not permitted. 
(f.) Treason. 

1. —Definition of. — Treason against the United 8la,tes 
shall consist only, 

(a.) In LEVYING WAR AGAINST THEM; 

(b) In ADHERING TO THEIR ENEMIES [hOW?] GIVING 
THEM AID AND COMFORT. 

2.— Conviction of. — No person shall be convicted of 

TREASON UNLESS, 

( a. ) On the testimony of two witnesses to the same 
"overt" act, or 

(b) On confession in open court. 

(a.) By levying war" is meant the overt act of collect- 
ing money or men to carry on war. Conspiracy is not treason; it is 
only the germ. 

( b. ) We may adhere to the enemies of the United 
States in various ways; as, (1) by joining them in person; (2) by 
furnishing them provisions; or (3) by attempting to convert unlaw- 
ful captures into a sale. In either case we give aid and comfort; 
and hence commit treason. 

(c. ) In order to convict one of treason it requires the 
testimony of two witnesses who are above all reasonable exception, 
to the same "overt" (i. e., open) act; or confession in open court. 
(g.) Immunities of Congressmen; as to 

1.— Arrest. — "They shall, in all cases, except treason, 
felony and breach of the peace, be privileged from arrest, 

(a.) During their attendance at the session of their re- 
spective Houses; and, 



83_ 

(b.) In going to and returning from the same." 
2. — Speech. — "And for any speech or debate in either 
House, they shall not be questioned in any other place." 

1. — Treason, felony, and breach of the peace are indict- 
able offenses regardless of the person, time, or place. But for no 
other offense may a congressmen be arrested during the time and 
under the circumstances above stated. Any person, except for the 
offenses mentioned, causing such arrest is liable for trespass and 
may be punished for contempt of the House. This privilege is not 
merely a personal right; but a right of the House, and the Constit- 
uency represented. "It is an official immunity." — Townsend. 

2. — Public interests demand that the most critical and 
searching investigations be made concerning the personal and official 
qualifications of candidates for high public stations. Members must 
not be dissuaded through fear, from performing those duties. Hence 
they cannot be legally called to account before any court for any 
speech or debate in either house. 



CHAPTEE XXL 

11.— EXECUTIVE DEPAETMENT. 

(a.) Of Whom Composed. — President. 

"The executive power shall be vested in a Presi- 
dent OF THE United States of America." 

1. — Energy in the Executive. — This is indispensable to 
a good government. Law is useless if not executed. But a feeble 
executive implies a feeble execution of law. A feeble execution 
means a bad execution. This latter can only result in bad govern- 
ment. 

2. — Unity of Executive. — The question as to the wisdom 
or expediency of law, belongs to the Legislative Department. The 
sole business of the Executive is to enforce the law. This demands 
prompt and energetic action. But this can best be secured by unity 
of Executive. To divide responsibility is to invite delays and to in- 
troduce feebleness: hence the above provision, 

(b.) Term of Office.- -He shall hold his office during 
the term of four years. 

1. — Terms Proposed. — These were, one, two, three, four 



_84 

and seven years; also for life, or during good behavior. The term 
of four years was a compromise. 

2. — Necessary Length. 

( a. ) It should not be too short, 

1. — Lest the Executive should overlook the public 
good, in his efforts to be re-elected; 

2. — B'^cause Presidential elections appeal so strongly 
to popular passions and hold out such powerful temptations to am- 
bition, that they are strong trials to public virtue and even hazard- 
ous to public tranquillity; and 

3. — Because a short term does not give a government 
an opportunity to test, by experience, the policy of its measures. 

(b. ) It should not be too long, lest an obstinate and cor- 
rupt Executive should bring wide-spread mischief and disaster upon 
the country. Are not Presidential elections too frequent? 

3, — Commencement.— The term commences on the fourth 
day of March of odd years. In case of the President's death, re- 
moval or resignation, his successor serves the unexpired portion of 
the term only. 

(c.) Eligibility. 

1. — "No person except (a) a natural-born citizen, or (b) 
a citizen of the United States at the time of the adoption of this 
Constitution, shall be eligible to the office of President; 

2. — Nor shall any person, 

(a. ) Who shall not have attained to the age of thirty -five 
years, 

(b. ) And been fourteen years a resident within the 
United States, be eligible to that office. 

3. — No disloyal legislative, judicial, or executive ex-officer, 
whether of State or of the United States, shall be eligible to that 
office — unless Congress by a vote of two-thirds of each House, re- 
move such disability." (Condensed from XIY amendment.) 

1. — Elective monarchies have been frequently and fa- 
tally injured by ambitious foreigners inteiguing for office. All 
dangers to our government from that source, however, are set aside 
by a single clause of the Constitution. No foreigner can become 
President of the United States. 

2. — But many citizens who were natives of other coun- 
tries, had fought and bled in our interest, had become naturalized 
citizens and were, beyond doubt, strongly attached to our institutions: 



^ 85_ 

hence the clause making such eligible to the Presidency. 

3. — President must be at levst be thirty-five years 
OF AGE. We may assign the following as reasons: (1) His duties 
(q. V.) demand maturity of powers: and (2) He should have a wide 
experience in the public councils of the nation. 

4. — He must have been, when elected, fourteen 

YEARS A RESIDENT WITHIN THE UNITED STATES for the following 

reasons: (1) That he may obtain the requisite knowledge of the 
wants, and institutions of the nation; and (2) That citizens may be 
able to judge of his fitness for office. That the President should be 
loyal needs, no comments. Only a natural-born citizen can now be- 
come President. 

(d.) Methods of Election:— 

1. — By Electors. 

(a.) Appointment OF. — Each State shall appoint, in 

SUCH MANNER AS THE LEGISLATURE THEREOF MAY DIRECT, A NUMBER 
OF ELECTORS. 

The Electors were at first chosen in four different 
modes: viz., (1) By joint ballot of the State Legislatures; (2) By a 
concurrent vote of both branches of the Legislature; (3) By the 
people of the States, voting by general ticket; and (4) By vote of 
the people by districts. This latter method, at present, is universal- 
ly adopted. Two electors at large, are elected by general ticket. 

(b.) Number OF. — "They shall be equal to the whole 
number of Senators and Representatives to which a State may be 
entitled in Congress." 

( c. ) Electoral College.— 

1. — "The electors of each State, shall meet in the 
capitals thereof, on the second Monday in January after their ap- 
pointment." Each State shall provide by previously enacted laws, 
for the determination of any controversy concerning electors. This 
determination, if made six days prior to the meeting, shall be con- 
clusive and stall govern the counting of electors appointed by such 
State. The Executive of State must transmit to the Secretary of 
State of the United States, a certificate of final ascertainment of the 
electors appointed, the same to be delivered in triplicate to the elec- 
tors, and transmitted to the seat of government at the same time with 
the list voted for as President and Yice-President. 

2. — "They shall vote by ballot for President and Yice- 



President, one of whom, at least, shall not be an inhabitant of the 
same State with themselves. 

3. — They shall name in their ballots (a) the person 
voted for as President, and ( b ) in distinct ballots, the person voted 
for as Vice-President; and 

4. — They shall make distinct lists of all persons voted 
for (a) as President, and (b) as Vice-President; and of the number 
of votes for each. 

5. — They shall sign, and certify, and transmit these 
lists, sealed, to the seat of government of the United States, directed 
to the President of the Senate. 

(d.) Proceedings iN*CoNGRESs. 

1. — "Both houses of Congress shall meet in the Hall of 
the House of Kepresentatives, at one o'clock on the second Monday 
in February after election." The President of the Senate shall pre- 
side. All certificates and papers purporting to be certificates of 
electoral votes, shall be handed to two tellers previously appointed, 
one from each houses. They shall read the same, in alphabetic order 
of States and in the presence of both houses. They shall prepare a 
list as appears on certificates and deliver it to the President of the 
Senate who announces the result, names of the parties, if any, elect- 
ed. 

5. — Objections to any certificate must be made in writing 
and signed by at least one Representative and one Senator before 
they can be received. No debate is permitted. When all objections 
are made, the Senate retires and each house submits the question 
for decision. If but one return has been received, no vote or votes 
shall be rejected except by the affirmative vote of both houses. If 
two papers from different State tribunals are received, the two houses 
acting separately and concurrently, must decide which is to be 
counted. If the vote of a State is rejected, the successful candidate 
need receive only a majority of the remaining electoral votes. After 
the list has been prepared by the tellers, the President of the Senate 
must examine the same and announce the result. "The person hav- 
ing the greatest number of votes for President shall be [declared 
elected] President, if such number be a majority of the whole num- 
ber of electors [legally] appointed." From the Electoral Count 
Law. 

2. — By the House. 



87_ 

(a.) "And if no person have such majority, then, the 
House of Representatives shall choose immediately the President — 

1.— By ballot, 

2. — From the persons having the highest numbers, 
not exceeding three, on the list of those voted for as President. 

3. — The vote shall be taken by States, the represen- 
tation from each State having one vote. 

4 — A quorum for this purpose shall consist of a 
member or members from two-thirds of the States; 

5. — And a majority of all the States shall be necessary 
to a choice." 

1.— When the election goes to the House the se- 
lection must be made from those receiving the highest numbers on 
the list ( not exceeding three ) of those voted for as President. The 
House must vote by ballot and by States; each State having one vote. 
When the people vote for the President, the large States have a 
decided advantage over the small States. When the House elects, the 
small States have a corresponding advantage. This was in fact, 
another compromise. 

2. — A quorum shall consist of a representation of 
NOT LESS THAN TWO-THIRDS of the States; and a majority of all 
the States shall be necessary to a choice. 

3. — When Both Methods Fail. — 

And if the House of Representatives shall not 
choose A President, whenever the right of choice shall devolve 

UPON THEM, BEFORE THE FOURTH DAY OF MaRCH NEXT FOLLOWING, 
THEN THE ViCE-PrESIDENT ( ELECT ) SHALL ACT AS PRESIDENT, AS IN 
THE CASE OF THE DEATH, OR OTHER CONSTITUTIONAL DISABILITY OF 

THE President. 

(e.) Oath OF Office. 

1. — "Before he enter on the execution of his ofi&ce, he 
shall take the following oath or affirmation: — "I do solemnly swear 
(or affirm) 

(a. ) That I will faithtully execute the office of President 
or the United States; and 

(b. ) That I will, to the best of my ability preserve, pro- 
tect, and defend the Constitution of the United States." 

(a.) This oath is administered by the Chief Justice of 
the Supreme Court during the inauguration ceremonies held at nooa 



88 

on fourth of March. 

(b.) The presidency is the highest and most responsi- 
ble office in our government, Ihe people, in choosing a President, 
naturally repose great confidence in him; and hence it seems fitting 
that he should, in the presence of God and man, pledge himself to 
be faithful in preserving, protecting and defending the Constitution 
of the United States. 

(f.) Kemoval FROM Office. 

"The President shall be removed from office on im- 
peachment for, and conviction of — treason, bribery or other high 
crimes and misdemeanors. (See Senate and House under Senate 
and Rep.) 

(g.) Salary. 

1. — "The President shall, "at stated times," receive , for 
his services a "compensation," which shall "neither be increased nor 
diminished" during the period for which he shall have been elected; 
and, 

2. — He shall not receive within that period, any other 
emolument from the United States, or any of them," 

1.— From 1789— March 4, 1873 it was $25,000 per year. 
From 1873—1887 it has been 150,000 per year. 
2. — It is paid monthly. 

3. — It is uniform throughout the term for which the 
President is elected: hence Congress connot induce him either by 
hope of gain or fear of loss, to aid in corrupt legislation*. Neither 
can he, through hope of gain, with-hold his signature from just leg- 
islation. ( See page 62. ) 

4 — Mansion. — The President has also the Executive 
Mansion, rent free. The house is furnished and taken care of; his 
fuel and light provided; and the grounds cultivated at the expense 
of the public treasury. 

(h.) Duties AND Powers. 

1.— ^MilitaRy. -"The President shall be commander-in- 



(a.) Of the "army" and "navy" of the United States; 



chief— 

and 

(b.) Of the "militia" of the several States, when called 
into th e actual service of the United States. 

(a.) Ey "army" is meant the "standing" army which 



89_ 

is all the time organized, equipped and drilled. It is created by en- 
listments for the term of five years; its members have no other occu- 
pation. At present it numbers about 25,000. 

(b.) For meaning of "the navy" see page 39. 
(c. ) For meaning of "the militia" see page 38. 
(d. ) The term "commander-in-chief is applied to the 
President because it is his duty to direct the application of milita- 
ry forces for three purposes: (1) To execute the laws of the land; 
(2) To suppress insurrection : (3) To repel invasions. 
2.— Civil. 
(a.) Departments. 

1.— He may require the opinion, in writing, of 
the principle officer in each of the executive departments, up- 
on any subject relating to the duties of their respective offices. 
2. — Establishment.— The Constitution nowhere states 
that departments shall be established, much less that Congress shall 
establish them. However, the former, here and in the following 
clause, s is plainly implied, while the latter has been regarded as a 
legitimate power of Congress. 

3. — Names. — These are, (a) Department of State; (b) 
Department of the Treasury; (c) Department of the Interior; (d) 
Department of War; (e) Department of the Navy; (f ) Department 
of Justice; (g) Post Office Department; (h) Department of Agri- 
culture. 

4 — Cabinet. — The principal officers of these depart- 
ments, except the last, sometimes styled Heads of Departments, 
are collectively called the President's Cabinet. The first five are 
called Secretaries; the next two are named Attorney-General and 
Postmaster-General, respectively; and the last is styled Commissioner 
of Agriculture. The members of the Cabinet are the advisers of the 
President. They meet fi*equently and discuss measures, and in 
addition, give their opinions in writing, whenever called for by the 
President. 

(b.) Eeprieves AND Pardons. 

And he shall have power to grant repmeves 
and pardons for offenses against the United States, except in 
cases of impeachment. 

J. — Keprieve. — This is a temporary suspension of the 
execution of a sentence against a criminal. 



90 

2. — Pardon. — This is a complete release from pun- 
ishment threatened to be inflicted. Observe, (a) the offense must 
have been committed against the United States; and (b) it must not 
be a sentence of impeachment. 

3. — Commutation. — He may commute a sentence, 
that is, exchange one penalty or punishment for another of less se- 
verity. This power to reprieve a punishment, pardon a criminal, or 
commute a sentence, is vested in the President for the following 
reasons: (a) There may have been some doubt at the time of con- 
viction, as to the guilt of the accused. ( b ) New evidence of his 
partial, or entire innocence, may come to light, after sentence and 
before execution; and (c) The penalty may have been severer than 
justice would demand. This power should be exercised very spar- 
ingly, 

(c.) Tkeaties. 

He shall have power, by and with the advice 

AND CONSENT OF THE SeNATE, TO MAKE TREATIES, PROVIDED TWO- 
THIRDS OF THE Senators present concur. 

1. — For the meaning of treaty, see page 38. 

2. — "Advice and consent" means in practice "consent 
alone," since the Senate has nothing to do with framing a treaty. 
In framing a treaty the President acts through the Secretary of State, 
or some person appointed for that purpose. When framed, it is sent 
to the Senate for their concurrence. In discussing a treaty the Sen- 
ate sit with closed doors. 

( d. ) Appointments. 

And he shall nominate, and by and with the 
advice and consent of the Senate, shall appoint, 

1. — Ambassadors, other public ministers and consuls; 

2. — Judges of the Supreme Court; 

3. — And all other officers of the United States whose 
appointments are not herein otherwise provided for, and which shall 
be established by law. 

1. — Terms Defined. — (a) "An ambassador is a 
minister of the highest rank employed by a government to represent 
it and manage its interests at the court or seat of government of some 
other power." — Webster. Strictly speaking our government has 
never sent an ambassador, but envoy's plenipotentiary. 

( b. ) A minister who has full power to act as he 



91_ 

may deem expedient is called an envoy plenipotentiary, (c.) A 
minister who is sent on a particular occasion and who returns when 
the business is transacted is styled an ambassador extraordinary. 
(d) A minister who is entrusted with the ordinary business of a 
minister at a foreign court and who lives there, is styled an ambassa- 
dor in ordinary, (e) "A consul is a person commissioned to re- 
side in a foreign country, as an agent or repsesentative of a govern- 
ment, to protect the rights, commerce, merchants and seamen of the 
state:" a commercial agent of one country residing in another. 

2. — Judges of the Supreme Court (9) and Inferi- 
or Courts are the only officers of the United States appointed for 
life or during good behavior. The other officers here mentioned 
include the heads of departments. 

3. — Bat the Congress may by law vest the appointment 
of such inferior officers as they think proper. ( a ) In the President 
alone; (b) In the courts of law; or (c) In the heads of departments. 

4. — The Postmaster-General can appoint only those 
deputies whose salaries do not exceed one thousand dollars per year. 
Others are nominated by the President and confirmed by the Senate, 
(e.) Eemoval. — , 

The Constitution is silent upon this subject. While 
that instrument was before the people for ratification, its friends 
held, that, since the consent of the Senate is necessary to appoint to 
office, it must be necessary to remove from office. To this it was re- 
plied, that, since the President has the sole power to select and ap- 
point, he should have the exclusive power of removing from office; 
that Congress could not confer upon the Senate the power to unite 
with the President in removal, since the Constitution did not unite 
them in the matter of appointment. This latter view prevailed by a 
majority of seven in the House and of two in the Senate. However, 
after sevent3^-eight years the first view, under Johnson's administra- 
tion, was adopted and the Tenure of Office Bill was passed. In- 
efficiency and corruption were the results of removals through parti- 
san principles. To remedy these evils the following things have 
been affirmed to be requisite: 

1. — A competitive examination of all candidates for 
subordinate offices; (Who examines? — Political partisans). 

2.— Promotion to higher grades on the principle of 
service and desert; and (Who promotes? — Political partisans). 



92 _____^ 

3. — A tenure of office during good behavior, or for a 
term of years. (Who determines good behavior? — 'Political parti- 
sans). 

(f.) Yacancies. 

"The President shall have power to fill up all vacan- 
cies that may happen .during the recess of the Senate, by granting 
commissions, which shall expire at th^e end of their next session." 

A commission is a formal certificate of appointment is- 
sued by the President and sealed, by the Secretary of State; with the 
seal of the United States. It usually recites the powers conferred 
with precision. 

(g.) Messages.— He shall, feom time to time, 

1. — Give to the Congress infobmation of the state of 
THE Union, and 

2. — Kecommend to their consideration, such measures 
as he shall judge necessary and expedient. 

At the beginning of each session, the President de- 
livers in writing to the Congress, his annual message; and during 
the session, quite frequently, special messages. In these he aims to 
set forth the state of the Union, and to suggest such legislation as he 
deems necessary and expedient. Accompanying the messages are 
the "Eeports" of the various departments, and the "Executive Docu- 
ments." These fill annually, many octavo volumes. 
(h.) Eelating TO Congress. 

1. — "He may, on extraordinary occasions, convene both 
Houses, or either of them; and 

2. — In case of disagreement between them with respect to 
the time of adjournment, he may adjourn them to such time as he 
shall think proper. 

l.^The House has never been convened alone; but the 
Senate has often been, for executive business. The President has 
convened Congress on eight occasions. We give below the names of 
Presidents wdio have called extra sessions, the dates and causes of 
the same: 

( a. ) Adams— May 15, 1797- Trouble with France, 
(b.) Madison— May 22, 1809, and May 24, 1813— 
Trouble with England. 

(c. ) Yan Buren — Sept. 4, 1837 — Financial Panic. 
(d.) Flarrison— May 31, 1841— 



93 

( e. ) Pierce— August 21, 1856— Kansas Trouble. 
(f. ) Lincoln— July 4, 1861— Kebellion. 
(g.) Hayes— Oct. 15, 1877 — Army Appropriation, 
(h.) Jefferson— Oct. 17, 1803— Trouble with Spain 
and Louisianna Purchase. 

This latter was called three weeks early and 
perhaps should he considered as an extra convention. 

2. — The President has never had an occasion to use 
the contingent power of adjourning Congress. But if the two Houses 
cannot agree as to time of adjournment, he may adjourn them to 
such time as he may think proper. 

(i. ) Eeception of Ministers. 

He shall eeceive ambassadors and other public 
ministers. 

1. — By receiving a foreign minister, the President recog- 
nizes the national character of the government represented; also 
publicly declares that a state of amity exists between the United 
States and the government represented. 

2. — The President may refuse to receive an ambassador 
for several reasons: 

(a.) The subject of the embassy may not be proper; as 
if any government should send a minister to the United States in be- 
half of the interests of any church. 

(b.) The character of the minister may be bad, or his 
former conduct may have been offensive. 

(c. ) Unfriendly relations may exist between the two 
governments concerned. 

(d. ) The foreign nation may be engaged in civil war and 
both parties may desire to be represented. E-ecognition, under such 
circumstances, might involve the United States in w^ar. 
( j. ) Execution of Laws. 

He shall TAKE CARE THAT THE LAWS BE FAITHFULLY 
EXECUTED. 

The laws here referred to are the United States laws. 
These, the President must enforce until repealed, or declared incon- 
stitutional by the Supreme Court. As respects law, he is neither 
legislator nor judge-=— but tlie Executive. A refusal to enforce any 
law would be a ''high misdemeanor" which would subject him to im- 
peachment. Besides, he has at his command all necessary poAver to 



94 

enforce any and every law. (See army, navy and militia). 

(k.) He SHALL COMMISSION ALL OFFICERS OF THE UNITED 

States. 

For meaning of term "commission" see Vacancies. Is 
the President an United States officer? Yes. Who invests in him 
the power exercised by him ? The People. Is he a civil officer? 
No more than he is a military officer. 

CHAPTEK XXII. 

12.-YICE-PEESIDENT. 

(a.) Eligibility. — But no person constitutionally ineligi- 
ble to the office of President, shall be eligible to that of Yice-Presi- 
dent of the United States. 

1. — For the meaning of "constitutionally ineligible" see 
Art. Eligibility page 84 

2. — The Yice-President must have the same qualifications 
as the President for the following reasons: He may be called upon 
to ajst as President. Four instances of this kind have occurred: (a) 
Tyler succeeded Harrison, in 1841; (b) Fillmore succeeded Taylor, 
in 1850; (c) Johnson succeeded Lincoln, in 1865; and (d) Arthur 
succeeded Garfield, in 1881. 
(b.) Election. 

1. — In Congress. — "The person having the greatest num- 
ber of votes as Yice-President shall be the Yice-President, if such 
number be a majority of the whole number of electors appointed; 

2. — In Senate. — And if no person have a majority, then 
from the two highest numbers on the list, the Senate shall choose 
the Yice-President. 

A quorum for the purpose shall consist of two- 
thirds of the whole number of Senators. 

If the electors fail, the Senate elects a Yice-Presi- 
dent. But two-thirds must be present, and a majority of all the 
Senators is necessary to elect. The selection must be made from 
the two highest on the list voted for as Yice-President. If the Sen- 
ate should tie, the Yice-President in the chair, may give the casting 
vote. Otherwise, the trial must be repeated till one receives a ma- 
jority. K. M. Johnson, in 1837, was elected by the Senate. This is 
the only instance of the kind. 



95_ 

(c.) Oath OF Office. — All executive officees * * * 
OF THE United States * * * shall be bound by oath or affirma- 
tion TO SUPPORT this CONSTITUTION. 

By taking the oath, the Yice-President pledges him- 
self to the faithful performance of his duty; and becomes amenable 
for the non-performance duty. For oath, when he succeeds to the 
Presidency, see page 87. 

Term of Office.— The Vice-President shall be chosen for 
the same term as the President; i. e. four years, 
(e.) Power AND Duties. 

1. — "The Yice-President of the United States shall be 
President of the Senate, but shall have no vote unless they be equal- 
ly divided. 

2. — In case of the removal of the President from office, 
or of his death, resignition, or inability to discharge the powers and 
duties of the said office, the same shall devolve on the Vice-Presi- 
dent. 

3. — And if the House of Representatives shall not 
choose a President, whenever the right of choice shall devolve upon 
them, before the fourth day ot March next following, then the Vice- 
President, (elect) shall act as President, as in the case of the death, 
or other constitutional disability, of the President." 

1. — His duties as President of the Senate are: 

(a.) To preside over their deliberations; 

(b. ) To enforce their rule of order; 

(c, ) To n>aintain proper decorum among the mem- 



( d. ) To decide all questions of parliamentary prac- 



bers. 

tice; and 

( e. ) To submit all motions duly made, to the Senate 
and announce the result, 

2. — The "removal," here, refers to impeachment. By 
"inability," is meant' either his mental or physical incapacit;^ to per- 
form his official duties. 

3. — There are three ways by which a candidate may 
become President: 

(a.) By electors appointed for that purpose; 

(b. ) By the House of Representatives, when electors 
fail: and 



( c. ) By a failure of electors and the House to elect. 
The Yice-President (elect) then becomes President, as in the case 
of the President's death or other constitutional disability. 

CHAPTEE XXIII. 

13.— JUDICIAL DEPAKTMENT. 

(a.) Necessity foe a National Judiciary. — This necessity 
will appear evident in the following cases: 

1. — When two States, or a ^ate and a citizen of another 
State, or citizens of different States are parties to a suit. Judges of 
State courts are liable to favor their own State. 

2. — When crimes have been committed without the limits 
of any State; as on the ocean, in public works, etc. The jurisdiction 
of a State cannot extend beyond its limits. 

3. — In all cases affecting ambassadors, other public min- 
isters and consuls. The rights and privileges of these officials are 
regulated by the law-of -nations: hence they are not amenable to the 
laws of the country to which they are sent as agents. Such cases 
should be decided by the highest court of the nation. 

(b.) Of what composed. — The judicial power of the 
United States shall be vested, 

1.— In one Supreme Court; and 

2. — In such inferior courts as the Congress may, 
from time to time, ordain and establish. 

(c.) Classes of Courts. — There are five classes of Federal 
courts : 

1. — The Supreme Court of the United States; 

2.— The Circuit Courts (9) of the United States; 

3. -The District Courts (58) of the United States; 

4— The Supreme Court of the District of Columbia; and 

5.— The United States Court of Claims (1855.) 
(d.) Description OF Courts. 

1. — The first court has one chief justice and eight asso- 
ciate justices. Any six of these constitute a quorum. The concur- 
rence of five justices is necessary to a legal decision. This court 
holds annual sessions in the City of Washington, beginning the first 
Monday in December. 

2. — The second class of coiirts have jurisdiction over the 



97_ 

following circuits: 

(a.) Maine, New Hampshire and Ehode Island. 

(b.) Connecticut, Vermont and New York. 

(c.) Pennsylvania, New Jersey and Delaware. 

(d.) Md., Ya., W. Ya., N. C. and S. C. . 

(e.) Georgia, Florida, Ala., Miss., La., and Texas. 

(f. ) Ohio, Michigan, Kentucky and Tennessee. 

(g.) Indiana, Illinois and Wisconsin. 

(h.) Neb., Minn., la., Mo., Kan., Col., and Ark, 

(i. ) California, Oregon and Nevada. 

The presiding judge of each circuit is also a 
judge of the Supreme Court. He must attend at least one term of 
the circuit alloted to him, once in every two years. Each circuit has 
a local judge. 

3.— The third class of courts have jurisdiction over the 
smaller cases in the districts into which the circuits are divided. 
Appeals are taken fi*om them to the Circuit Courts. These are pre- 
sided over by district judges, who hear both civil and criminal cases. 

4 — The Supreme Court of the District of Columbia con- 
sists of a chief justice and four associates. These hold their offices 
during good behavior. This court is special for the District of Col- 
umbia. Any one of the justices may hold a Distri(^t Court for the 
District of Columbia, with the same powers other District Judges 
exercise. 

5. — The Court of Claims founded in 1855, "has jurisdic- 
tion of claims against the government, founded (1) Upon a law of 
Congress; (2) On any regulation of an executive department; or 
(3) On any contract, express or implied, with the government of the 
United States." — Andrews. This court consists of one chief justice 
and four associates. Their annual session commences the first Mon- 
day in December. 

(e.) Judges. 

1. — Appointment. — "The President shall nominate, and 
by and with the advice and consent of the Senate, shall appoint * * * 
judges of the Supreme Court; also of the inferior courts. 

2. — Oath of Office.— Judicial officers, both of the 
United States and ^^: the several States, shall be bound by oath or 
affirmation to support this constitution. 

3. — Term OF OiFiCE. — The judges, both the supreme 



98 ■ ^ 

and inferior courts, shall hold their offices during: good behavior. 

4— How Eemoved. — All civil officers of the United 
States, shall be removed from office on impeachment for, and convic- 
tion of, treason, bribery or other high crimes and misdemeanors. 

5.— Salaky.^ — The judges shall, at stated times, receive 
for their services, a compensation which shall not be diminished dur- 
ing their continuance in office." 

1. — The judges of the Federal Courts are all nomi- 
nated by the President and confirmed by the Senate. They take the 
same oath of office as that taken by members of other departments. 
Their term of office lasts during good behavior. The wisdom of this 
provision may be seen from the following reason: Their sole busi- 
ness is to interpret law. But to do this properly, their minds must 
not be biased by a pre-conceiyed theory, party favor, popular favor, 
or, through fear of a deci-ease or hope of an increase, of salary. 

2. — The salaries of the Federal Courts are the follow- 
ing: Chief Justice of the Supreme Court, $10,500; of associate jus- 
tices, $10,000 each; of Circuit Judges, (local) $6,000 each; District 
Judges, $3,500 to $5,000; Judges of Supreme Court of the District of 
Columbia and of the Court of Claims, $4,500 each. 
( f . ) Jurisdiction — Limitation of. 

1.— "The judicial power of the United States shall ex- 
tend to all classes of law and equity arising under 
(a.) This Constitution, 
(b.) The laws of the United States, and 
(c.) Treaties made or which shall be made, under their 
authority. 

1. — By "judicial power" is meant the authority of 
the court over cases including both the subject-matter, and the par- 
ties concerned. The word "law" means the supreme power of the 
State, through its legislature, commanding what is right and prohib- 
iting what is wrong. "Equity" is even-handed justice. But human 
law is necessarily imperfect: hence it follows, that the law, aitho^gh 
designing to secure justice, is, at times, far from being equitable or 
just. Here appears the necessity of a "court of equity" the object 
of which is to render the practical working of the law in harmony 
with justice. It has to do with the spirit of the law, more than wjth 
the strict letter. It relieves against hard bargains ; as, in cases of 
fraud and deceit. But when one party is a foreigner, such a court is 



99_ 

almost a necessity since the question is one of moral right as much 
as of legal right, The judicial power extends to all cases of law 
and EQUITY arising under the Supreme law of the land. 

2. — There are two kinds of jurisdiction: yiz., orig- 
inal AND APPELLATE. The former is jurisdiction of a case from its 
beginning. If the case cannot be appealed to another court, original 
jurisdiction is exclusive. When a case may be commenced in either 
of two courts the jurisdiction is termed concureent jurisdiction. 
Appellate jurisdiction is that over cases which have been appealed 
from lower courts. 

(g.) Original Jurisdiction.— "The Supreme Court shaft 
have original jurisdiction — 

1.— In all cases affectiilg ambassadors, other public min- 
isters and consuls; and 

2. — In those in which a State shall be a party; as, 

(a.) Controversies between two or more States; 

(b.) Between a State and citizens of another State; 

( c. ) Between a State, or citizens thereof, and foreign 
States, citizens, or subjects. (Constitution.) 

(d.) The judicial powder of the United States shall not 
be construed to extend to any suit in law or equity commenced or 
prosecuted. 

1. — Against one of the United States by citizens of 
another State; or 

2. — By citizens, or subjects of any foreign State. 
Xlth Amendment." (See Court of Claims.) 

1. — "Ambassadors, other public ministers and 
consuls" are officers of foreign nations^; this nation is bound to pro- 
tect and treat them according to the 1 aw^-of -nations : hence cases 
affecting them should bo determined by the highest national court 

2,- As to controversies between States, or a State 
and citizens of another State, the Supreme Court should have orig- 
inal jurisdiction: (a) Domestic tranquillity demands it. (b) 
"The dnnger of irritation and criminations arising fi*om apprehen- 
sions and suspicions of partiality, is thereby obviated." (c) Jus- 
tice ought never to depend upon tlie will of either litigant, or of an 
interested party. A State may be plaintiff against any individual, 
but never defendant at the suit of any individual. If an individual 
has a claim against any State, he may present it to the Legislature 



100 _____^ - 

of the State, or to the Court of Claims. If his claim is found just, 
the Legislature will make an appropriation for settling it. The 
United States have no jurisdiction over such cases. See Xltli 
Amendment. 

(h.) Appellate Jurisdiction.— 'The Supreme Court shall 
have appellate jurisdiction both as to law and fact, wdth such ex- 
ceptions^ and under such regulations as the Congress shall make, 

1. — Over all cases of admiralty and maritime jurisdic- 
tion; 

2. — Over controversies to which the United State shall 
be a party; 

3. — Between citizens of diiferent States; and 
4. — Between citizens of the same State claiming lamis 
under grants of different States," 

1. — "Cases of admiralty and maritime jurisdicfiion" are 
eases arising on the high seas, or connected with vessels; also on 
rivers, ports, or harbors communicating with the sea. "Courts of 
Admiralty and maritime jurisdiction are those District, or Circuit 
Courts, which, by law of Congress, have jurisdiction over cases men- 
tioned above. 

2.— The subjects for adjudication in such courts, are 
cases of piracy, collision on the sea, claims for repairing a vessel, 
contracts to carry freight or passengers, captures in v/ar, made on 
high seas, captures in foreign ports and harbors eic. 

3.— These coiirts have jurisdiction over all cases, civil 
and criminal of a maritime nature. But the District Courts, as 
Courts of Admiralty and maritime jurisdiction, can only try minor 
crimes and oflPenses; the higher crimes being referred to the Circuit 
Courts as Courts of Adniirc'ilty. Crimes committed on the high seas 
are tried in the State whore the vessel lirst arrives. 

4.^— Cases in which the United States is a party, be- 
long to the Federal courts since the whple people are interested. 
One Slate should not determine and measure out justice due to others. 
Of this class of cases we mention: (a) robbery of the mail; 
(b) evasion of the revenue laws; and (c) counterfeiting the currency 
of the country. 

5.^ — A citizen of one State r«iay bring suit against a cit- 
izen of another, in the Circuit Court of the United States, in civil 
matters, where the value in the controversy shall exceed five hun- 



^ ^ 101_ 

i 

I dred dollars. An alien may sue and be sued in tliis court for the 
j same amount. 

I 6.— Cases of the fourth class should belong to the Fed- 

; eral Courts for several reasons: (1) The State laws may have pre- 
; judged the question; (2) Where this has not been done, the judges 

would naturally feel a strong prediliction in favor of their own State; 

(3) Federal courts liave no possible interest on one side more than 
\ on the other: jience their tendency is to quiet jealousies and disarm 

the resentments of the State whose grant is held t-o be invalid. 




CONTENTS, 



PAKT I. 

Page. 

CHAPTER I.— CIVIL SOCIETY A NECESSITY 3 

CHAPTER II.— RIGHTS OF MEMRER.S 4 

] . — Basis and Nature of 4 

2. — HOAv determined * A 

3.— Outline of Rights , 4 

CHAPTER III.— GOVERNMENT A NECESSITY. 5 

1.— Proofs 5 

1. — Kinds as to authority. 6 

2, — Forms: 1. — Patriarchal. 2. — Monarchal, etc 6 

CHAPTER IV.— ORIGIN OF OUR LAND TITLES - 7 

CHAPTER v.— ORIGIN OF OUR REPUBLIC 8 

1 . — Colojiial Governments ; as 8 

1 . — Provincial , 8 

2.— Proprietary 8 

3.— Charter 8 

CHAPTER VI.— BRITISH AND COLONIAL RIGHTS 1 

1 . — Powers Denied to the (Jolonies 9 

2.— Powers Claimed by the Colonies 9 

3. — Powers Claimed by England 9 

CHAPTER VII.— TRAINING FOR THE REVOLUTION 9 

1. — England as Teacher 9 

2.— Methods of Teaching 9 

3. — Lessons 9 

1.— King William's War, 168a-1697 10 

2.— Queen Anne's War, 1702-1713. 10 

3.— King George's W^ar, 1740-1748 .10 

4. — French and Indian War, 1754-1763 11 

CHAPTER VIII.— REVOLUTION, APRIL 19, 1775— SEPT. 3, 1783. . . .11 

1 . — Causes 13 

2. — Bond of Union 13 

3. — Important events 13 

4. — Treaty of peace 13 

CHAPTER IX.— FEDERAL GOVERNMENT A FATLl^RE 14 



PAET II. 

CHAPTER X.— NATIONALIZATION 15 

1. — History of Constitution 15 

2. — Analysis of Constitution 15 

1.— Preamble 16-18 

2. — Constitution Proper 18 

CHAPTER XI.— ] .—House 18 

(a.) Representation, (b.) Apportionment 18 

(c.) Who sljould be counted 19 

(d.) Chano-es by legislation, (e.) Elio-ibility /..20 

(f.) Terra of Offline, (g.) Bv whom Elected 21 

(h.) Electors, (i.) Methods of Election 21 

(j.) Vacancies, (k.) Census. (1.) House Powers 22 

CHAPTER xn.— 2.— Senate 23 

(a.) How composed, (b.) Eligibility 23 

(c.) Term ..* •. ....24 

(d.) How chosen, (e.) How classed 25 

(f.) Vote, (g.) Presiding Officer, (h.) Senate Powers 26-29 

CHAPTER XIII.— 3.— PROVISIONS COMMON TO ROTH HOUSES. .29 

(a.) Membership, (b.) Business Quorum 29 

(c.) Journal, (d.) Voting, (e.) Parliamentary Rules 30 

(f.) Penalties, (g.) Prohibitions 30 

(h.) Official oath, (i.) Salaries .31 

CHAPTER XIV.— EXPRESS POWERS OF CONGRESS 32 

(a.) Finance , 32 

(b.) Commerce 33 

(c.) Commercial 34 

(d.) Penalties, (e.) Post Offices ^.35 

(f.) Patent and Copyrights B6 

(g ) War ' 38 

(b . ) Judiciary 41 

(i.) Naturalization .42 

( j.) Territory '■. 43 

(k.) Respecting States ,..,...45 

(1.) Executive Vacancy, (m.) Appointments 46 

{\-\.)r Constitutional Amendments 47 

(o.) Slavery, (p.) General Law-Making ^48 

(q.) Meeting of Congress 48 

(r.) How Laws are Made , • 49 

CHAPTER XV.— PROHIBITIONS ON THE UNITED STATES ., . .51 

(a.) Habeas Corpus, (b.) Direct Taxes 51 

(c.) Export Duties, (d.) Inter-State Commerce 52 

(e.) Public Money 52 

(f.) Titles of Nobility, (g.) Penalties - 53 

(h.) Foreign Slave Trade. .54-58 

(i.) Personal Freedom : ..58-60 

CHAPTER XVI.— PROFHBITIONS RELATING TO OFFICERS 60 



(a.) ]neli'ii')ility 60 

(b.) Relating- to Foreio-n Patrouage 62 

(c.) Relating to President's Salary 62 

(d.) Impeachment 63-64 

CHAPTER XVir.— RIGHTS OF STATES 64 

(a.) Representation, (b.) Rights of Citizens 64 

(c.) State Amity 65 

(d.) New States from Old Ones. 66 

(e.) Election for Congressmen j 67 

(f.) Militia Officers, (g.) National Protection 67 

(h.) Fugitives 69 

(i.) Reservations n 70 

CHAPTER XVIir.— STATE SUBORDINATION 71 

(a.) Origin of State Obligations 71 

(b.) National Snpremacy 72 

(c.) Official Oath * 73 

CHAPTER XIX.— PROHIBITIONS ON STATES ; AS to 73 

(a.) Treaties, etc 73 

(b.) Commerce 74 

(c") War 75 

(d.) Unjust Penalties, (e.) Duties, Imposts, etc. (f.) Slavery 76 

CHAPTER XX.— PERSONAL RIGHTS 77 

(a.) Home, fb.) Personal Security 77 

(c.) Judicial. .' 78 

(d.) Civil actions 7*9 

(e.) Criminal actions 80 

(f.) Treason, (g.) Immunities of CoJigressmen 81 

CHAPTER XXI.— EXECUTIVE DEPARJMENT 83 

[a.] Of whom composed, [b.l Term of office 83 

[c] Eligibility .......: 84 

[d.] Methods of Election 85 

i.— By Electors ,...85 

2.— bV House 86 

3. — When both methods fail 87 

[e.] Oath of Office , 87 

[f.] Removal from office, [g.] Salaries, [ii.] Duties and Powers. . .88 

1.— Military 88 

2. — Civil, [a.] Departments, [b.] Reprieves ...89 

[c] Treaties, [d.] Appointments • 90 

[e.] Removal 91 

[f.] Vacancies, [g.] Messages, [h.] Relating to Congress 92 

[i.] Reception of Ministers, [j.] Execution of Laws 93 

[k.] Commission U. S. Officers 94 

CHAPTER XXII.— VICE-PRESIDENT 94 

[a.] Eligibility, [b.] Election 94 

[c] Oath, [d.] Term, [e.] Duties and Powers. 95 

CHAPTER XXIIL— JUDICIAL DEPARTMEN T 96 

[a.] Necessity of. [b.] Of what composed 96 

[c] Classes of ( 'ourts 96 

[d.] Description of Courts 97 

[e.] Judges 97 

[f.] Jurisdiction — Limitation of 98 

[g.] Original .lurisdiction. [h.] Appellate Jurisdiction. .. . 99 



EllRATA 



Page 20, 13th line from top, read ' 'virtuallj'" for vertually. 

'* 22, 17th line from bottom, read "commerce" for commerce. 

' ' 24, 6th line from bottom, read ' 'Term' ' for Terms. 

'■ 25, middle, read "and" for shall. 

" 45, 5th line from bottom beginning with "so," read "proven, shall have the effect 
prescribed by Congress . ' ' 
Page 55, 6th line from top, read ' 'comforts" for comfort. 

" 57, 16th line from bottom, read "Convention" for Constitution. ' 

" 70, 17th line froir bottom, read "received" fov receive. 

" 77, 5th line from top, read "After" for afrer. 



PROF. B. W. PIERCE, OF GREEN, CITY COLLEGE, 

Green City, Missouri. 

DEAR SIR:— I have examined with some care and thought your "Outline of Civil Gov- 
ernment in the United States," and must say that it seems to be a thorough epitome, and 
out-line of the Government of the United States. 

That it will be of great value and assistance, to both teacher and pupil, respectively, In 
imparting and acquiring a knowledge of the principles and genius of our Government. 

Yours &c., 

A. C. EUBANKS. 
Attorney and Counseloe at Law, Milan, Mo. 



mt ' m 

m 

i OUTLINE— ANALYSIS 

m 



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UNITED STATES. 

BYB.W. PIERCE, B.S., 

PRESIDENT OF GREEN CITY COLLEGE, 

COPYRIGHTED, 1887, BY B. W. PIERCE. 



PRICE THIRTY-PIVE CENTS 






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